How to protect rights against patent infringement

We know that if people apply for patent rights, they will be protected by law, but infringements often occur in real society, so how to defend rights against patent infringement? Regarding this issue, the editor of Legal Savior Network will explain it to you below. Here is the relevant content for your reference and study. I hope it will be helpful to everyone.

1. How to protect patent infringement

1. Find evidence

Evidence of patent ownership. Prove that the plaintiff enjoys patent rights or patent licensing rights.

There is evidence of infringement. Prove that the defendant has committed or is about to commit acts that infringe the patent right. The plaintiff should submit evidence such as the alleged infringing product and its sales invoices, comparison materials of the technical features of the patent and the alleged infringing product.

Evidence of the amount of compensation. Prove that the amount of compensation proposed has a factual basis. The plaintiff should submit evidence that can prove the amount of compensation it proposes, such as evidence of the losses suffered by the right holder due to the infringement or evidence of the benefits gained by the infringer due to the infringement; If it is difficult to determine the benefits obtained from infringement, the people's court may reasonably determine the amount of compensation with reference to the patent license fee.

After the evidence is collected, you can choose the following infringement resolution methods according to your own situation:

1. Negotiation and reconciliation

Both the patentee and the alleged infringer can negotiate on their own or reach a settlement agreement through the mediation or mediation of other third parties to resolve disputes. When an intention to negotiate is expressed, an infringement warning letter can generally be sent to the infringing party. This is not stipulated in my country's patent law, but it is often used in real life, and often achieves good results. The way in which an infringement warning letter is written can be based on different circumstances, and the tone can be tough or gentle. Generally, the following content should be stated:

The patent number of the patentee, the main claims of the patent;

The other party's products or methods infringe the patent, and we hope to suspend or prohibit the other party's manufacture, sale and use;

HopeWhen will the other party respond to this?

If the other party does not respond, what measures may the patentee take?

2. Administrative ruling or coordination

The patentee’s infringement facts and If the evidence is sufficient and conclusive, you can report it to the relevant administrative departments such as the Patent Office, which will take administrative measures to investigate and verify the infringement behavior of the infringer and then impose administrative penalties. During the administrative adjudication process, the relevant patent administrative department may mediate the civil liability for patent infringement based on the application of the relevant parties.

3. Sue in court

The patentee discovers that the infringer has infringed upon its patent After obtaining the right, you can also directly file a civil lawsuit with the relevant people's court at the place where the infringement occurred or the defendant's location, requesting a cessation of the infringement, compensation for economic losses, etc. At the same time, you have the right to apply for litigation preservation of the infringement facts and evidence of the infringer, and apply for a court injunction to prohibit the infringer from continuing the infringement. In order to ensure the effective implementation of economic compensation, the patentee may apply to the court for litigation preservation of an equal amount of the infringer's property while filing a lawsuit.

2. Legal provisions

"Patent Administrative Enforcement Measures"

Article 37 In the process of handling patent infringement disputes, the parties involved may If you are unable to collect some evidence on your own for some reason, you may request in writing the patent management department to investigate and collect evidence. The department managing patent affairs shall decide whether to investigate and collect relevant evidence based on the circumstances.

In the process of handling patent infringement disputes and investigating counterfeit patent behaviors, the patent management department can investigate and collect relevant evidence according to its authority as needed.

When law enforcement officers investigate and collect relevant evidence, they shall present their administrative law enforcement certificates to the parties or relevant personnel. The parties and relevant personnel shall assist and cooperate, truthfully report the situation, and shall not refuse or obstruct.

Through the editor's introduction, we can understand that when a patent is infringed, we should search for evidence and negotiate with both parties. If the negotiation fails, we can file a lawsuit with the court. Apply for litigation,Hope everyone understands. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.