Ⅰ.Institution: Policy & Law Division, Shanghai Intellectual Property Administration

Ⅱ.Address: Room 903, No.915, Ju Lu Road, Shanghai

Ⅲ.Tel: 8621-61113755、61113758

Ⅳ.The scope of mediation:

(1) any dispute over the patent infringement;

(2) any dispute over the damages for patent infringement;

(3) any dispute over the qualification of the inventor or creator;

(4) any dispute over the award and remuneration of the inventor or creator of a service invention-creation;
     (5) any dispute over the appropriate fee to be paid for the exploitation of an invention after the publication of the application for patent but before the grant of patent right;
     (6) any dispute over the ownership of the right to apply for patent and the patent right;
  In respect of the dispute referred to in subparagraph (2), where the patentee requests the administrative authority for damages to mediate, it needs the copies of the effective administrative decisions which decide the infringement; 

In respect of the dispute referred to in subparagraph (5), where the patentee requests the administrative authority for patent affairs to mediate, the request shall be made after the grant of the patent right.

Ⅴ.Submitting documents for administrative mediation:

(1) The request for handling the patent infringement shall be in two originals (If the requesting person is individual, it needs signature; If the requesting person is entity, it needs official seal);

(2) The description of the patent proclaimed by State Intellectual Property Office of P.R.C or the announcement documents of Design shall be in two copies;

Ⅵ. The above administrative procedures are based on the following laws and regulations:

(1) Patent Law of the People"s Republic of China (Amended on2008, and effective as of October 1, 2009)

(2) Implementing Regulations of the Patent Law of the People"s Republic of China (Promulgated on January 9, 2010, and effective as of February1, 2010)

(3) Shanghai Patent Protection Regulation (effective as of July 1, 2002)