Can I sue the user for patent infringement?

In patent infringement cases, if the user is the infringer, the patentee can sue the user. The conditions for filing a patent fee lawsuit include: the plaintiff has subject qualifications and has a clear defendant, etc. Regarding the question of whether the user can be sued for patent infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. Can the user be sued for patent infringement?

1. Patent infringement In this case, if the user is the infringer, the patentee can sue the user. If the following conditions for prosecution are met, the People's Court can file the case:

(1) Plaintiff They are citizens, legal persons and other organizations that have a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It falls within the scope and acceptance of civil litigation by the people's court. The People's Court has jurisdiction over the lawsuit.

2. Legal basis:

"Civil Procedure Law of the People's Republic of China" No. 100 Article 22

Article 65 of the Patent Law of the People's Republic of China

2. What is the burden of proof in patent infringement litigation?

In any type of patent infringement litigation, the general principle of allocating the burden of proof of “whoever asserts shall provide evidence” still runs throughout the case.

Generally speaking, even if the reversal of the burden of proof can be applied, the plaintiff generally needs to bear the following burden of proof:

1. If the plaintiff wants to file a lawsuit with the court, he must submit corresponding evidence and materials that meet the standards for filing a case to prove that the court's acceptance of the case complies with the provisions of Article 108 of the Civil Procedure Law. This point goes without saying. .

2. After the case is filed, if the plaintiff wants the court to apply the provisions of Article 57, Paragraph 2 of the Patent Law, the plaintiff needs to provide evidence one by one to prove whether the case meets the applicable burden of proof mentioned above. Inverted statutory conditions. In other words, the plaintiff first needs to prove or fully explain that the products directly produced according to its patented method are "new products" within the meaning of the patent law.