How to complain about appearance patent infringement?

Regarding the issue of how to complain about appearance patent infringement? Let’s take a look at it with the editor of Legal Savior Network. I hope to be helpful.

1. How to complain about appearance patent infringement?

1. Administrative investigation and punishment : When the patentee has preliminary evidence, he can report it to the Patent Office and other relevant administrative departments, which will take administrative measures to investigate and verify the infringement behavior of the infringer and then make a determination of whether there is infringement. During the administrative investigation and handling process, the relevant patent administrative departments may mediate the civil liability for patent infringement based on the application of the relevant parties.

2. Sue in court: The patentee can also directly file a civil lawsuit with the relevant people's court at the place where the infringement occurred or where the defendant is located, requesting an end to the infringement and financial compensation. losses etc.

2. What evidence needs to be collected for infringement

1. Collection of evidence for infringement: Evidence should be collected from the plaintiff first. This kind of handwriting is relatively simple. Generally, it only requires a patent certificate issued by the relevant department. Patent certificate, registration copy, and receipt for payment of fees and taxes are enough.

2. Collection of factual evidence of infringement: Because the "Patent Law" stipulates that infringement must comply with certain facts before judicial protection can be provided. This evidence is important, and it is best for the plaintiff to obtain evidence through the participation of a lawyer. The usual method of collecting evidence is to carry out unannounced visits and fair purchases, so as to fairly obtain evidence of infringement facts.

3. Collection of evidence for loss compensation: Requesting compensation is generally a necessary requirement of the plaintiff. Regarding compensation, the plaintiff may collect evidence to assess the sales value of the infringing product. However, this kind of evidence is very difficult to collect, and it is difficult to evaluate specific values. This requires professional evaluation. If this is not possible, the defendant can be required to compensate based on the reduction in the plaintiff's profits during the infringement. Or directly claim a fixed amount of compensation based on the loss.

3. What to do if you encounter an infringement complaint

1. First determine your ownWhether the product has its own design elements in it;

2. Determine whether your product falls within the protection scope of the other party’s product appearance patent;

3. Check whether the other party has applied for product copyright, and then consider declaring the other party's appearance patent invalid;

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