How to determine invention patent infringement
Patent infringement and general civil infringement Different, it has the characteristics of concealed infringement methods, large number of infringers, and complex infringement methods. Therefore, before preparing to file a lawsuit, you must understand and ascertain the basic facts of the infringement through various channels, such as the production source, sales channel, sales area, sales quantity, sales price, etc. of the infringing product, and you should pay attention to collecting relevant information. evidence materials.
In particular, it should be clarified promptly and accurately Who is the infringer, namely the manufacturer of the infringing product, the sales supplier of the infringing product, the direct seller of the infringing product, or the person who uses, offers to sell, or imports the infringing product. For the confirmation of infringement and the infringer, evidence can be collected through notarization and purchase, which can maximize the preservation and proving effect of the evidence. Once the infringer is identified, the opposite party to the lawsuit can be further selected, that is, the Defendant. Regarding the selection of defendants, from a legal perspective, any tortfeasor can become a defendant, but from a litigation perspective, we should choose as a defendant an infringer who is conducive to litigation convenience, litigation success, and litigation compensation. ; You can either choose an independent or major infringer as the defendant, or you can choose multiple infringers that comply with the law as co-defendants; on the premise that there are co-defendants, you should also carefully select the first defendant and actively advocate joint and several liability. To facilitate the reasonable selection of the competent court and the actual satisfaction of damages.
The above content is the relevant answer. If we want to determine the infringement of this patent, this generally means that it has caused some illegal losses to the patentee. , and then you have not obtained the authorization from the other party. If this is dealt with, you will usually be fined. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.