Why is our patent complaint case rejected?
If your patent complaint case is rejected, it may be caused by one of the following reasons:
1. There is no (valid) document of judicial or administrative decision uploaded on basis of the complaint reason “Judicial or administrative decision”. Please note that valid documents of judicial or administrative decision against the product offered for sale and your patent is required.
2. There is no (valid) patent infringement analysis report provided on basis of complaint reason “Improper use of others’ patents (without judicial or administrative decision”. Due to the complexity of patent, especially utility models and invention patents, the detailed infringement analysis report of the product offered for sale and your patent is required. For design patent, the design patent infringement analysis report is not mandatory, but please make sure to provide the comparison screenshots of your design patent images and the product images.
3. There is no valid transaction order information of your test purchase order, such as order number, photo(s) of the purchased product, etc.
4. The product being compared on the infringement analysis report is not the one offered for sale.
5. The seller has provided relevant evidence to prove prior sales of the product offered for sale. According to PRC Patent Law, it is not protected by the patent if the patent is in conflict with any prior right of any other party. If you believe it is infringing, please provide relevant judicial or administrative decision.
6. It does not constitute patent infringement, such as sale of your genuine product without authorization, sale of your product in low/high price, unauthorized seller of your genuine products, etc.