For questions about patent infringement litigation, ask an expert for advice

So in your case, the patent office should ask the court to compel the infringer to stop the infringement. As for compensation, you still need to file a lawsuit with the Intermediate People's Court that has jurisdiction. Of course, your search report is not made in vain, and you generally need to provide a search report to file a case when you go to the intermediate court.

You can basically win the lawsuit, so what you have to do now is to file a lawsuit with the Intermediate Court, which has the power to hear patent infringement disputes, to seek compensation.

You can refer to my space, hehe.

You go through your own documents first, and it's best to find a lawyer. Because you lack basic legal knowledge.

Article 57 of the Patent Law of the People's Republic of China provides that if the patent is exploited without the permission of the patentee, that is, the patent right is infringed, and the dispute arises, the parties shall settle it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Where a patent infringement dispute involves an invention patent for a manufacturing method of a new product, the unit or individual that manufactures the same product shall provide proof that the manufacturing method of its product is different from the patented process; If a utility model patent is involved, the people's court or the department in charge of patent affairs may require the patentee to issue a search report made by the patent administration department.

If you have any questions, please contact 010-87945840

Contact: Cai Huaijiang.

Legal Analysis: Patent litigation is litigation related to patent disputes. Patent litigation in a broad sense refers to all litigation concerning patent disputes.

In the narrow sense, patent litigation only refers to the lawsuit filed with the court against the decision of the patent authority on the patent right, and does not include the lawsuit arising from patent infringement disputes and contract disputes over patent rights.

Legal basis: Patent Law of the People's Republic of China Article 66 Where the patentee or interested party has evidence to prove that another person is committing or is about to commit an act infringing patent right, and if it is not stopped in a timely manner, it will suffer irreparable damage to its legitimate rights and interests, it may apply to the people's court to take measures to order the cessation of the relevant act before initiating a lawsuit. When the applicant makes an application, he or she shall provide a guarantee;If no guarantee is provided, the application shall be rejected.

First, if the patent administration department has made a determination of infringement or non-infringement, the party concerned may still file a lawsuit with the court.

Second, when a party initiates a lawsuit for infringement of a utility model patent, it shall issue a search report made by the patent administration department at the time of filing.

Third, the defendant in a dispute over infringement of utility model or design patent rights has the right to request the suspension of the lawsuit, but shall file a request for invalidation of the plaintiff's patent right within the defense period.

1. How to fight a patent infringement lawsuit.

The purpose of patent litigation is often to compete for the market, and it is necessary to master some skills in the process of patent litigation.

First of all, it is necessary to judge the stability of the patent. Invention patents have undergone substantive examination and are very stable, while utility model and design patents have only undergone formal examination, so it is best to apply for an evaluation report to assess whether the utility model or design patent is eligible for the grant of patent rights when filing a lawsuit.

The second is to collect effective evidence. The patentee shall collect evidence of the infringement of the other party and the amount of infringement through a notary public or an administrative authority, and the key to the plaintiff's victory is to obtain evidence of the fact of infringement and the amount of infringement. The patentee may apply to the court to collect evidence that is difficult to collect on its own.

For the defendant, the defense of invalidity, the defense of prior imitation of the bridge, the defense of legality, or the defense of prior art can be adopted. If there are reasonable defenses, the accused infringer may be exempted from compensation.

2. Which patent disputes can be suened.

According to the interpretation of the Supreme Court, there are two types of patent dispute cases that can be filed in the people's courts, one is patent civil dispute cases and the other is patent administrative cases. Specifically, there are 16 types:

1. Patent application dispute cases;

2. Patent ownership dispute cases;

3. Disputes over patent rights and patent application rights transfer contracts

4. Patent infringement case of leaky fiber;

5. Counterfeiting of others' patent disputes;

6. Royalty dispute cases after the publication of the invention patent application and before the grant of the patent right;

7. Disputes over rewards and remuneration of inventors and designers of service inventions and creations;

8. Pre-litigation application for cessation of infringement and property preservation cases;

9. Disputes over the qualifications of inventors and designers;

10. Cases of dissatisfaction with the decision of the Patent Reexamination Board to uphold the rejection of the application for reexamination;

11. Cases of dissatisfaction with the decision of the Patent Reexamination Board on the request for invalidation of the patent right;

12. Cases of dissatisfaction with the decision of the patent administration department to implement compulsory license;

13. Cases of dissatisfaction with the ruling of the patent administration department on compulsory license royalties;

14. Cases of dissatisfaction with the administrative reconsideration decision of the patent administration department;

15. Cases of dissatisfaction with the administrative decision of the department in charge of patent work;

16. Other patent dispute cases.

In cases tried in accordance with the Civil Procedure Law, the plaintiff must first file a complaint, stating the names, genders, ages, ethnicities, places of origin, occupations, work units and addresses of the parties (plaintiffs and defendants), the names and locations of enterprises, public institutions, organs, and organizations, and the names and positions of the legal representatives, as well as the facts and reasons on which the claims are based.

The people's court shall file the case within 7 days of receiving the complaint, and send a copy of the complaint to the defendant, and the defendant shall submit a reply within 15 days after receipt, and at the same time the judges of the people's court shall conduct a pre-trial investigation, and conduct mediation before the trial, and if an agreement is reached through mediation, a mediation document shall be drafted, signed by the judge and the clerk, and stamped with the seal of the people's court. The mediation statement shall have legal effect after delivery. If mediation fails, the people's court will conduct a court trial, and if an agreement cannot be reached after courtroom debate and mediation, the people's court will make a judgment.

Where parties are dissatisfied with the judgment of the court of first instance, they may appeal to the court of second instance within the statutory appeal chain period. Since China adopts the two-instance final adjudication system, the judgment of the appellate court is final and cannot be appealed. The final judgment has the force of law.

Patent disputes are very common in the modern network society, and people's understanding of intellectual property rights is not comprehensive, so there is no possibility of whether their behavior constitutes infringement, so it is still necessary to increase the efforts to popularize the law.

1. How to determine the jurisdiction of patent disputes?

1. The competent court shall be determined according to the domicile of the defendant.

If the people's court at the place where the defendant is domiciled has jurisdiction over a patent case, the people's court at the place where the defendant is domiciled has jurisdiction. If the people's court for the defendant's domicile does not have jurisdiction, the intermediate people's court for the people's seat of the province, autonomous region, or municipality directly under the Central Government where the defendant is domiciled has jurisdiction.

2. Determine the competent court according to the place of infringement. The place of infringement includes the place where the infringement is committed, and also the place where the result of the infringement occurs.

1) If the plaintiff only sues the manufacturer, and the place of manufacture of the infringing product is inconsistent with the place of sale, the people's court at the place of manufacture shall have jurisdiction.

2) If the plaintiff sues both the manufacturer and the seller, the people's court at the place of manufacture and the place of sale shall have jurisdiction. At this point, the parties may choose to file a lawsuit in one of the courts.

3) If the seller is a branch of the manufacturer, and the plaintiff files a lawsuit against the manufacturer for manufacturing or sales with the people's court at the place of sale, the people's court at the place of sale shall have jurisdiction.