How to collect evidence of patent infringement

We all know that the evidence collected in intellectual property litigation cases is very complex, diverse, professional and technical, and more complicated than ordinary civil litigation. Today, the editor of Legal Savior Network will introduce to you what evidence should be collected in patent infringement litigation.

How to collect patent infringement evidence

Patent infringement evidence can Collect from three aspects:

1. Understand the evidence about the infringer

The exact name, address, nature of the business, registered capital, number of employees, business scope, etc. of the infringer are all things that the patentee should first understand. Understanding these circumstances will help the patentee determine what strategies the patentee should adopt to deal with patent infringement. very important.

2. Evidence of infringement facts

The prerequisite for patent infringement is that there must be infringement. Therefore, evidence proving that the infringer has actually committed acts that infringe patent rights is crucial in the process of dealing with infringement. Evidence in these areas includes physical objects, photos, product catalogs, sales invoices, purchase and sales contracts, etc. of the infringing items.

3. Evidence of damages

The patentee can demand damages from the infringer compensation. The amount of damages claimed may be the losses suffered by the patentee. However, the patentee must provide evidence to prove that due to the other party's infringement, the sales volume of its patented product has been reduced, or the sales price has been reduced, as well as other losses such as extra expenses or less income.

The amount of damages claimed can also be the profits earned by the infringer from the infringement. The patentee must provide evidence to prove the infringer's sales volume, sales time, sales price, sales cost, sales profit, etc. Based on this, calculate the profits earned by the infringer. The amount of damages claimed may also be no less than the patent license fee for the patent license trade between the patentee and a third party. To this end, the patentee must provide a patent license agreement with the third party that has been effectively performed.

What evidence should be prepared as a plaintiff

a. Rights evidence

1. Proof of the plaintiff’s qualifications. For natural persons, this is an ID card; for enterprises and institutions, it is a business license or institution registration certificate;

2. Patent right certificate, proving the ownership status when the patent right was granted;

3. Copy of patent registration book;

4. The text of the patent authorization announcement: for inventions or utility models, it is the claims, instructions, abstract and abstract drawings; for appearance designs, it is the pictures or photos and brief description of the announcement authorization. Description;

5. Patent annual fee receipt: proves that the patent continues to be valid;

6. Utility model patent search report.

b. Evidence of infringement

1. Documentary evidence: usually a notarial certificate;

2. Physical evidence: the infringing product purchased by the patentee from the market.

c. Evidence of loss

1. Patent implementation license contract;

2. Financial audit report.

If you have other legal questions, you are welcome to consult the relevant lawyers on the Legal Savior Network.