What should I do if I am accused of patent infringement? What should I do if my patent is infringed?

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.

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 patent infringement dispute involves a utility model patent or a design patent, the people's court or the department in charge of patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administration department after searching, analyzing and evaluating the relevant utility model or design, as evidence for the trial and handling of the patent infringement dispute.

1) Where a patent is infringed and a dispute arises, the parties shall resolve it through negotiation; (2) If the patentee is unwilling to negotiate or fails to negotiate, the patentee or interested party may file a lawsuit with the people's court; (3) If the patentee is unwilling to negotiate or fails to reach a successful negotiation, the patentee or interested party may also request the department in charge of patent work to handle the matter. The department in charge of patent work refers to the department for the management of patent work established by the people of provinces, autonomous regions and municipalities directly under the Central Government, as well as the people of cities divided into districts with a large workload of patent administration and actual processing capacity; (4) At the request of the parties, the department in charge 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; (5) Complain to the 12312 Intellectual Property Protection Reporting and Complaint Service Center. If an infringement is discovered, in addition to bearing civil liability in accordance with the law, the department in charge of patent affairs shall order it to make corrections and make a public announcement, and then confiscate the illegal gains, and may also impose a fine of not more than four times the amount of the illegal gains.

1. Filing a lawsuit with the people's court (provided that the patent right is strong, the evidence of infringement is complete, the infringement is serious or the infringement loss is serious);

Article 37 of the Measures for Administrative Enforcement of Patents (2015 Amendment).

Article 37 In the course of handling a patent infringement dispute, if a party is unable to collect part of the evidence on its own due to objective reasons, it may request in writing the department in charge of patent affairs to investigate and collect evidence. The department in charge of patent work decides whether to investigate and collect relevant evidence according to the circumstances.

In the course of handling patent infringement disputes and investigating and dealing with counterfeit patents, the department in charge of patent work may investigate and collect relevant evidence ex officio as needed.

When law enforcement personnel investigate and collect relevant evidence, they shall present their administrative law enforcement credentials to the parties or relevant personnel. Parties and relevant personnel shall assist and cooperate, truthfully report the situation, and must not refuse or obstruct.

3. Filing a lawsuit with the court: After discovering that the infringer has infringed its patent right, the patentee may also file a civil lawsuit directly 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 compensation for economic losses. At the same time, it has the right to apply for litigation preservation of the infringer's infringement facts and evidence, and apply for a court injunction to prohibit the infringer from continuing the infringement.

Don't dare to give you methods and suggestions easily, please consult the relevant personnel to give you the correct answer, the professional nature is too strong, I hope you look for a professional to answer for you, to avoid unnecessary trouble.

Methods of protecting patent infringement: Generally, the infringing parties can protect their rights through negotiation. If the two parties fail to reach an agreement through negotiation, the parties may file a lawsuit with the local court or directly request the patent administration department to handle the matter.

[Legal basis].Article 65 of the Patent Law.

If the patent is exploited without the permission of the patentee, that is, the patent right is infringed, and a dispute arises, the filial piety party concerned 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 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 Litigation Law of the People's Republic of China".

The plaintiff needs to submit evidence such as the alleged infringing product and its sales invoice, the patent and the comparison materials of the technical characteristics of the alleged infringing product; 3. Evidence of the amount of compensation.

[Legal basis].Article 60 of the Patent Law of the People's Republic of China *** The decision of the patent administration department to grant a compulsory license for exploitation shall be notified to the patentee in a timely manner, and shall be registered and announced.

The decision to grant a compulsory license shall stipulate the scope and time for implementation on the basis of the reasons for the compulsory license. When the grounds for compulsory license are eliminated and do not occur again, the patent administration department shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.

Where a patentee files an application, it shall submit documents proving the authenticity and validity of its patent right, including a patent certificate, claims, description, and proof of payment of patent annuity. If the application involves a utility model patent, the applicant shall submit a search report issued by the patent administration department.

If the interested party submits an application, the interested party shall provide the relevant patent exploitation license contract and the supporting materials submitted to the patent administration department for the record, and if it has not been recorded, it shall submit the certificate of the patentee or other evidence to prove that it enjoys the rights.

If the licensee of the exclusive exploitation license contract submits a separate application, it shall submit supporting materials for the patentee's renunciation of the application.

Where an application is filed by the successor of a patent property right, it shall submit evidence that it has been inherited or is in the process of being inherited. In addition to providing relevant proofs and evidentiary materials, the applicants for the appeal are also required to provide evidence to prove that the respondent is committing or is about to carry out acts infringing their patent rights. It includes the alleged infringing product and the comparison material between the patented technology and the technical characteristics of the alleged infringing product, so as to form a complete chain of evidence.

If the patentee or interested party has sufficient evidence to prove that its patent right has been infringed, and the measures taken to stop the patent infringement before litigation are inconclusive, it shall promptly file a lawsuit with the people's court. When filing a lawsuit, it is necessary to clarify the scope, jurisdiction, statute of limitations and other issues of patent infringement cases.

Legal analysis: 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 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.

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 oneself is harmed by 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 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Methods of infringing its patent rights and protecting rights: Under normal circumstances, if the person concerned can negotiate and resolve the infringement and other related matters, he can protect his rights through negotiation. If the two parties are unable to negotiate, the parties or interested parties may request the department in charge of patent work to handle the matter, or they may file a lawsuit directly with the court.

[Legal basis].Article 65 of the Patent Law.

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 person handling the patent work, the department in charge 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.