What should I do when facing a patent infringement dispute?

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. Interpretation: This article is about the settlement of disputes arising from the exploitation of the patent without the permission of the patentee.

Exploitation of a patent without the permission of the patentee refers to the illegal act of manufacturing, using, offering to sell, selling or importing another person's patented product or using the patented process for the purpose of production or operation without the consent of the patentee. Exploitation of the patentee's patent without the permission of the patentee is an act of patent infringement unless it is not regarded as an infringement of the patent right as provided for in the first paragraph of Article 63 of this Law. This article provides for the following ways to deal with disputes arising from such infringements:

Negotiate a settlement. Negotiated settlement refers to the way in which the two parties directly negotiate to reach a solution to the dispute after the occurrence of an infringement case. Filing a lawsuit with the people's court.

If the infringed party believes that others have infringed its patent right and is unwilling to resolve it through negotiation or the negotiation fails, it may file a civil lawsuit with the infringer as the defendant in accordance with the provisions of the Civil Procedure Law. With regard to the territorial jurisdiction of civil cases of patent infringement disputes, in accordance with the provisions of the Civil Procedure Law, the people's court at the place where the infringement occurred or where the defendant is located shall have jurisdiction; With regard to the hierarchical management of civil cases of patent infringement disputes, in accordance with the provisions of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China and the Answers of the Supreme People's Court on Several Questions Concerning the Trial of Patent Dispute Cases, patent ownership disputes are generally handled by the intermediate people's courts of provinces, autonomous regions and municipalities directly under the Central Government, the intermediate people's courts of special economic zones, and the intermediate people's courts of open cities with the consent of the Supreme People's Court as the courts of first instance. The High People's Court of an autonomous region or directly governed municipality is the court of second instance. The infringed party may file a lawsuit with the people's court with jurisdiction in accordance with the law and the relevant judicial interpretations of the Supreme People's Court.

Administrative processing. According to the provisions of this Article, if a party to a patent infringement dispute is unwilling to file a lawsuit directly with the people's court and resolve the dispute by means of "litigation", it may request the department in charge of patent affairs to handle it. Administrative mediation.

In accordance with the provisions of this Article, the mediation authority shall be the same department in charge of patent work that administratively handles patent infringement disputes; The content of the mediation is the amount of compensation for patent infringement; Mediation can only be conducted at the request of the parties; This kind of mediation is a civil mediation made by an administrative organ for a civil dispute between the parties, not an administrative disposition, and should be voluntarily performed by the parties, and if the mediation fails or a mediation agreement is reached and then repents, the relevant parties may, in accordance with the provisions of the Civil Procedure Law, file a civil lawsuit with the other party as the defendant.

As far as I know, what are the ways to resolve patent infringement? This is a matter of concern to everyone, without the permission of the patentee, the exploitation of the patent, that is, the infringement of its patent rights, caused by the dispute, by the parties to negotiate and settle; 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.

In my opinion, there are many channels for resolving patent disputes, and China's Patent Law stipulates the methods of consultation, litigation and mediation by the patent management department. Negotiate. 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.

In litigation, if the parties to a patent dispute are unwilling to negotiate or fail to reach an agreement, the patentee or interested party may file a lawsuit with the people's court. Mediation by the patent administration department. The parties to a patent dispute may also request the department in charge of patent work to handle it.

Patent administration authority refers to the patent administration organ established by the relevant competent department or local people. The patent administration department is responsible for the management of patent work throughout the country; The patent administration departments of the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of patents within their respective administrative regions.

What about infringement disputes? Generally, if someone sues you for infringing his patent rights, and it is after the court accepts it, a copy of the complaint will be served on you. According to the relevant provisions of China's civil law, the defendant must submit a reply within 15 days after receiving a copy of the indictment.

Please see the detailed introduction below. You can make the following preparations to deal with the upcoming lawsuit: 1. Immediately hire the patentee, read the plaintiff's patent documents, and understand the facts of the case.

2. Cooperate with the patentee to collect materials, conduct patent search, prepare evidence of patent invalidation, and submit a patent invalidation request to the Patent Reexamination Board within the 15-day defense period. 3. Study the content of the complaint and the plaintiff's evidentiary materials, collect the counterclaim evidence of the plaintiff's claim, cooperate with the first person to write a reply, on the one hand, provide evidence of the patent invalidation request, and request the court to suspend the litigation procedure in accordance with the law; On the other hand, in response to the claims and evidence in the plaintiff's complaint, a reply and a counterclaim are filed. If a request for invalidation is filed with the Patent Reexamination Board within the 15-day defense period and the notice of acceptance of the patent invalidation is presented to the court, the court will generally suspend the litigation procedure and wait for the decision of the Patent Reexamination Board on the invalidation request.

Thereafter, on the one hand, the patentee will further complete the work of opinion statement and oral examination in the entire invalidation procedure, and if the patent is invalidated, there will be no patent infringement problem; On the other hand, under the guidance of the patentee, further do a good job in the follow-up work, study the plaintiff's claims and evidence, further collect counter-evidence, and wait for the countermeasures after it cannot be completely invalidated and deal with the court's re-invalidation work. How to deal with patent infringement disputes? That's all for you to answer this question.

Negotiation and Settlement: Both the patentee and the alleged infringer can negotiate on their own or reach a settlement agreement through mediation and mediation by 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.

Administrative investigation and punishment: If the patent holder has prima facie evidence, he may report to the Patent Office and other relevant administrative departments, and the patent owner may take administrative measures to investigate and verify the infringer's infringement and make a determination of whether the infringement is infringed. In the course of administrative investigation and punishment, the relevant patent administration department may, based on the application of the relevant party, be liable for civil liability for patent infringement.

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, demanding 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 patent is exploited without the permission of the patentee, that is, the patent right is infringed, and a dispute arises, the parties concerned shall be involved.

According to Article 60 of the Patent Law, if the patentee exploits his patent without the permission of the patentee, that is, infringes his patent right, and a dispute arises, the parties shall consult with the Economic Bureau; If the patentee is unwilling to negotiate or the negotiation fails, the patentee or the interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to deal with the problem. The principle of "comprehensive coverage" is usually applied to the determination of patent infringement, that is, the alleged infringing product must have all the necessary technical features recorded in the independent claims of the patent before the infringement can be established.

Article 45 If the use of a trademark violates the provisions of Article 13 of the Trademark Law, the relevant party concerned may request the administrative department of the potato merchant to prohibit the use of the trademark. When a party files an application, it shall submit evidence that its trademark constitutes a well-known trademark.

How to protect the rights of the patent after the patent is infringed.

1. Evidence to be collected to resolve patent infringement. 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 the alleged infringing product and its suspected closed sales invoice, the patent and the technical cracking characteristics of the alleged infringing product, etc

Legal Analysis: Negotiation and Settlement: The patentee and the alleged infringer can negotiate on their own or reach a settlement agreement under the mediation and mediation of the other three parties to resolve the dispute. In the case of administrative investigation, the patentee may, if it has preliminary evidence, 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 there is infringement.

Filing a lawsuit in court.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where self-starvation is harmed as a result of protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1160 Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Measures for protecting rights in patent infringement cases: If the patent owner and the infringer can reach a negotiation on infringement compensation and other related matters, they can protect their rights by negotiating compensation. If no consensus can be reached, 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 dismantle the shirt and protect its rights.

Legal basis:Article 65 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.

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 at a later time.

Article 68.

In the case of counterfeit patents, in addition to bearing civil liability in accordance with the law, the department in charge of patent enforcement shall order corrections and make a public announcement, confiscate the illegal gains, and may impose a fine of not more than five times the illegal gains; where there are no unlawful gains or the unlawful gains are less than 50,000 RMB, a fine of up to 250,000 RMB may be given; where a crime is constituted, criminal responsibility is pursued in accordance with law.