What should I do if my patent is infringed? How to deal with it?

After a patent is infringed, there are generally three ways to resolve it. 1. Negotiation and settlement: Both the patentee and the alleged infringer can negotiate on their own or reach a settlement agreement under the mediation and mediation of other third parties to resolve the dispute.

Generally, an infringement warning letter can be sent to the infringing party when the intention to negotiate is submitted, but the warning letter has a deterrent effect and is not legally binding. 2. Administrative investigation and punishment: If the patentee has preliminary evidence, it may report to the Patent Office and other relevant administrative departments, and the patentee shall take administrative measures to investigate and verify the infringer's infringement and make a determination of whether it is infringing.

In the course of administrative investigation and handling, the relevant patent administration department may, on the basis of the application of the relevant parties, mediate the civil liability for patent infringement. 3. Filing a lawsuit with the court: The patentee may also file a civil lawsuit with the relevant people's court at the place where the infringement occurred or the place where the defendant is located, requesting that the infringement be stopped and compensated for economic losses.

Legal basis: Article 60 of the Patent Law of the People's Republic of China provides that if the patentee infringes upon the patent right by exploiting the patent without the permission of the patentee, the dispute shall be settled through negotiation between the parties; 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.

If the exploitation of the patent without the permission of the patentee infringes the patent right and a dispute arises, the parties shall resolve 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.

Detailed Rules for the Implementation of the Patent Law of the People's Republic of China

Rule 79 Except as provided for in Article 57 of the Patent Law, the department administering patent affairs may, at the request of the parties, mediate the following patent disputes:

1) Disputes over the right to apply for a patent and the ownership of the patent right;

2) Disputes over the qualifications of inventors and designers;

3) Disputes over rewards and remuneration for inventors and designers of service inventions;

4) Disputes over the use of the invention after the publication of the patent application and before the grant of the patent right without paying the appropriate fee.

Rule 80 The patent administration department shall provide professional guidance to the department in charge of patent work in handling and mediating patent disputes.

Rule 81 Where a party requests to handle or mediate a patent dispute, the department in charge of patent affairs at the place where the respondent is located or where the infringement is committed shall have jurisdiction.

In the case of a patent dispute over which two or more departments administering patent affairs have jurisdiction, the parties may submit a request to one of the departments administering patent affairs; Where a party submits a request to two or more departments that have jurisdiction over patent work, the department that administers patent work that first accepts the request shall have jurisdiction.

Rule 82 In the course of handling a patent infringement dispute, if the respondent submits a request for invalidation and is accepted by the Patent Reexamination Board, it may request the department in charge of patent affairs to suspend the handling.

Hope it helps!

According to Article 60 of the Patent Law, there are three ways to resolve the issue:

1. It shall be resolved through negotiation between the parties;

2. Filing a lawsuit with the people's court;

3. Request the patent management department (the municipal intellectual property office, including the State Intellectual Property Office) to deal with it.

1. How to collect evidence of patent infringement.

1. The patent certificate, including the authorized claims, description and drawings, shall be submitted to the corresponding administrative review decision if it undergoes invalidation or revocation procedures; If it is a utility model patent, the search report should also be provided, but if the decision is partially invalidated by the Patent Reexamination Board, it may not be provided but should be able to explain;

2. Receipt of the latest payment of annual fee;

3. In the case of a lawsuit filed by the licensor of the exclusive exploitation of the patent, the exclusive exploitation license contract shall also be submitted; In the case of a lawsuit filed by the exclusive exploitation licensor of the patent, the exclusive exploitation license contract and the patentee's consent to the litigation shall also be submitted.

1. The alleged infringing products produced by the defendant; If the alleged infringing product cannot be obtained due to objective reasons, indirect evidence such as advertisements for the sale of its products published by the defendant in newspapers and periodicals, sales contracts signed with others, etc., may be provided first, and then direct evidence of infringement can be obtained by other means;

2. Evidence of the infringer's situation.

As the saying goes, knowing oneself and knowing one's opponent will win all battles. Therefore, the exact name, address, nature of the enterprise, registered capital, number of personnel, business scope, etc., of the infringer should be known first. It is important to understand these situations in order for patent owners to adopt strategies to deal with patent infringement.

3. Evidence of the facts of infringement.

The prerequisite for patent infringement is that there must be an infringement. Therefore, evidence to prove that the infringer has indeed committed the act of patent infringement is crucial in dealing with infringement. The evidence in these aspects includes the physical objects of the infringing goods, product catalogs, sales invoices, purchase and sale contracts, etc.

4. Evidence of damages.

Evidence of patent infringement, evidence collection, evidence of infringement. The patentee may claim damages from the infringer. The amount of damages claimed can be the loss suffered by the patentee.

However, the patentee shall provide evidence to prove that due to the infringement of the other party, the sales volume of its patented products has decreased, or the sales have decreased, as well as other losses such as overpaid expenses or expenses with less income.

If someone infringes our patent, we can solve it through patent declaration and negotiation, and if the conditions of negotiation are not met, we can protect our rights through legal leniency and require the other party to compensate for the corresponding losses.

1. Evidence of patent ownership. Proof that the plaintiff has the right to use the patent or the right to license the patent.

2. There is evidence of infringement. Proof that the defendant has committed or is about to commit an act of patent infringement. The plaintiff shall submit evidence such as the alleged infringing product and its sales invoice, and the comparison of the technical features of the patent and the alleged infringing product.

3. Evidence of the amount of compensation. There is a factual basis to prove that the amount of compensation claimed by Mina Xing is substantiated. The plaintiff shall submit evidence that can prove the amount of compensation claimed by Minxun, such as evidence of the losses suffered by the right holder as a result of the infringement or evidence of the benefits obtained by the infringer as a result of the infringement; Where it is difficult to determine the losses suffered by the right holder as a result of the infringement or the benefits obtained by the infringer as a result of the infringement, the people's court may reasonably determine the amount of compensation with reference to the patent royalties.