How is the burden of proof to be shared in a patent infringement action arising from a new product m

Patent right is the exclusive right of the Patentee to use his invention and creation, and patent infringement refers to the illegal act of exploiting the legally protected valid patent for the purpose of production and business without the permission of the patentee. How is the burden of proof to be shared in a patent infringement action arising from a new product manufacturing method invention patent? The following legal savior Xiaobian collated the following content for you to answer, I hope to help you.

How is the burden of proof to be shared in a patent infringement action arising from a new product manufacturing method invention patent

Where a patent infringement action is caused by an invention patent for a manufacturing method of a new product, the unit or individual manufacturing the same product shall bear the burden of proof that the manufacturing method of its product is different from the patented method; In the new product manufacturing method invention patent infringement litigation, the patentee only needs to provide the fact that its patent has been infringed, and the other party provides evidence to prove that its manufacturing method is not a patented method, or is not regarded as an infringement of the patent right according to law.

Where a dispute arises from exploitation of the patent without the permission of the patentee, that is, infringement of the patent right of the patentee, it shall be settled by the parties through consultation; Where consultation is unwilling or fails, the patentee or an interested party may bring a suit before a people's court or request the administrative department for patent affairs to handle the matter. If the administrative authority for patent affairs determines that the infringing act is established, it may order the infringer to stop the infringing act immediately. If the party refuses to accept the decision, it may, within 15 days of receiving the notice of disposition, institute legal proceedings in a People's court in accordance with the Administrative Procedure Law of the People's Republic of China. Where the infringer neither brings a suit nor stops the infringing act within the time limit, the administrative authority for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs that handles the matter may mediate the amount of compensation for the infringement of the patent right; If mediation fails, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.

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