What is the procedure for patent infringement complaints?

In many cases, everyone's rights will be damaged to a certain extent, and sometimes it will even constitute an infringement under the tort law. Especially in the field of copyright, if your Patent rights have been infringed to a certain extent, what should you do when you want to file an infringement lawsuit? Today, the editor of Legal Savior Network will give you a detailed introduction.

What is the procedure for patent infringement complaints

When a patent infringement dispute occurs, the patentee or interested party can prepare relevant infringement evidence Request the department that manages patent work to handle patent infringement dispute cases administratively.

Constitutive elements of patent infringement

Request administrative processing from the department managing patent work Patent infringement dispute cases should meet the following conditions:

1. The petitioner is the patentee or an interested party;

2. YesA clear respondent;

3. Clear Request matters and specific facts and reasons;

4 .Belongs to the scope and jurisdiction of the department that handles patent work;

5. The party concerned did not file a lawsuit with the People's Court regarding the patent infringement dispute.

In addition, the requester is submitting the request letter and other materials The following requirements must be met:

1. Submit a request Book:

1. Patent owner or interested parties When a person (requester) files a request for administrative processing, he or she shall submit an original copy of the "Letter of Request" and a corresponding number of copies based on the number of persons being requested.

2. Parties (including the petitioner and the requested If the person) is a natural person, the name, gender, age, place of origin, address, postal code, contact number and other matters of the party should be stated; if it is an organization, the name, address, postal code, contact number, legal representative of the party should be stated The position and name of the person or person in charge and other matters.

3. The text should state the requested matters and specify the type of alleged infringement.

4. The facts and reasons for the request should be stated, and a list of evidence materials should be attached.

5. The main text should include an analysis of what constitutes infringement. For comparison, you can also attach the "Infringement Analysis and Comparison" to a separate page (see analysis and comparison examples).

2. Submit evidence to prove the qualifications of the parties:

1. The requester should submit materials proving his subject qualifications. If the requester is a natural person, he should submit evidence such as resident ID card, household register, passport, return certificate for Hong Kong and Macao compatriots, etc. Copies of corporate legal persons and individual industrial and commercial households as requesters should submit copies of business licenses, business registration certificates and other materials; public institutions should submit public institution code certificates; banks and non-bank financial institutions as requesters must also submit Provide its financial license; if other organizations serve as requesters, they should also provide their approval documents for their legal establishment.

If the requester is a foreigner, it shall be certified by the notary authority of the country where he is located and authenticated by the embassy or consulate of the People's Republic of China in that country, or the People's Republic of China and that country shall fulfill the requirements Certification procedures stipulated in relevant treaties concluded by the host country.

2. Those with the right to requestStakeholders include the licensee of the patent licensing contract and the legal successor of the patent right. Among them, the licensee under the exclusive license contract can make a request independently; the licensee under the exclusive license contract can make a request independently without the request of the patentee; unless otherwise agreed in the license contract, the licensee under the ordinary license contract can make a request independently. The licensee cannot make a request alone. When the above-mentioned interested parties make a request, they should also submit materials proving their subject qualifications.

3. Transfer of patent application rights or patent rights , provide copies of patent registration and announcement documents;

4. Materials proving the qualifications of the person being requested, such as copies of business license, ID card, passport and other evidence; if the person being requested is an enterprise registered with the Shenzhen Administration for Industry and Commerce, its recent industrial and commercial registration form should be submitted. If the name of the requester changes, a change registration form should also be provided.

In fact, it is absolutely necessary for everyone to file an infringement lawsuit. A certain amount of courage. You must not shrink back when your rights are infringed, and you need to have a certain understanding of your rights. It is best to hire a lawyer to help you. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.