How to handle patent disputes in 2023

If a patent dispute arises, the parties may negotiate and resolve the dispute on their own, and if consensus is reached, an agreement shall be signed; if negotiation fails, they may apply to the patent management department for mediation; if mediation fails, the parties may file a lawsuit in the People's Court, which shall make a decision. Regarding the question of how to handle patent disputes, the editor of Legal Savior Network will give you a detailed answer below.

1. How to handle patent disputes

1. Patent disputes arise , the procedures for handling disputes are as follows:

(1) The parties can negotiate to resolve the dispute on their own, and if they reach consensus, they will sign an agreement;

(2) If the two parties fail to reach an agreement through negotiation, they can apply to the patent management department for mediation. If the mediation is consistent, a mediation letter will be signed;

(3) If mediation fails, the parties may file a lawsuit in the People's Court, which will make a decision.

2. Legal basis: Article 65 of the "Patent Law of the People's Republic of China"

2. What is the evidence in patent disputes

1 , Evidence about the infringer’s situation.

As the saying goes, know yourself and the enemy, and you will be victorious in every battle. Therefore, the patentee should first know the exact name, address, business nature, registered capital, number of employees, business scope, etc. of the infringer. It is important to understand these situations and what strategies the patentee should adopt to deal with patent infringement.

2. Evidence of infringement facts.

The prerequisite for patent infringement is that there must be infringement. Therefore, evidence proving that the infringer has actually committed acts that infringe patent rights is crucial in the process of dealing with infringement. Evidence in these areas includes physical objects, photos, product catalogs, sales invoices, purchase and sales contracts, etc. of the infringing items.

3. Relevant damagesevidence of compensation.

The patentee may seek damages from the infringer. The amount of damages claimed may be the losses suffered by the patentee. However, the patentee must provide evidence to prove that due to the other party's infringement, the sales volume of its patented product has been reduced, or the sales price has been reduced, as well as other losses such as extra expenses or less income.

According to the provisions of the Patent Law, if a patent dispute arises, the parties may negotiate to resolve the dispute on their own. If they reach agreement, they shall sign an agreement; if the negotiation fails, they may Apply to the patent management department for mediation; if mediation fails, the parties may file a lawsuit in the People's Court, which will make a decision. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.