What should the patentee do after discovering patent infringement?

In recent years, incidents of patent infringement have been exposed from time to time. What should we do if this happens? What should the patentee do after discovering patent infringement? How to safeguard rights? Now the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What should the patentee do after discovering patent infringement

Find evidence

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

2. Evidence of infringement exists. 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.

3. 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 solutions according to your own situation:

Negotiation and Reconciliation

Both the patentee and the alleged infringer can negotiate on their own or reach a settlement through the mediation or mediation of other third parties. Agreement, dispute resolution. 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:

1. The patent number of the patentee and the main rights of the patent;

2. The other party’s products or methods infringe the patent, and you wish to suspend or prohibit the other party’s manufacture, sale and useBehavior;

3. When do you hope the other party will respond to this;

4. If If the other party does not respond, the patentee may take measures.

Administrative ruling or coordination

The patentee is infringing If the facts and evidence of the infringement are sufficient and conclusive, the infringer 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 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.

Sue in court

After discovering that the infringer has infringed upon its patent rights, the patentee may also File a civil lawsuit with the relevant people's court at the place where the infringement occurred or where the defendant is located, requesting a cessation of the infringement and 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.

When filing a lawsuit in court, the court you choose to sue can be:

1. Patent Infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. The places of infringement include:

(1) The manufacturing, use, offering for sale, sale, import, etc. of products accused of infringing invention or utility model patent rights Place of implementation

(2) The place where the use of the patented method is carried out, and the use, sale, sale, import and other activities of products directly obtained according to the patented method Place of implementation;

(3) Place of implementation of the manufacturing, sales, import and other activities of patented design products;

(4) The place where the act of counterfeiting the patent of others is committed;

(5) The place where the infringement results of the above-mentioned infringement occur .

2. The plaintiff only files a lawsuit against the manufacturer of the infringing product, but does not sue the seller. If the place where the infringing product is manufactured is inconsistent with the place where it is sold, the People's Court of the place of manufacture has jurisdiction. rights; if the manufacturer and seller are joint defendants in the lawsuit, the People's Court of the place of sale shall have jurisdiction; if the seller is a branch of the manufacturer, and the plaintiff sues the manufacturer of the infringing product for the manufacturing and sales behavior of the product in the place of sale, the People's Court of the place of sale shall Have jurisdiction.

3. Patent ownership dispute cases shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled.

4. Patent contract dispute cases shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed. The parties to the contract may agree in the written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but the provisions of hierarchical jurisdiction and exclusive jurisdiction shall not be violated.

If your legitimate rights and interests are violated, you must use legal weapons to protect your rights and interests. If you or your family members or relatives have a complicated situation and need legal services, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.