How to proceed with patent infringement litigation

Patent infringement litigation refers to a way for the Patentee or a closely related person to file a lawsuit with a court of competent jurisdiction to protect their own rights and interests when their patent rights are infringed by others after obtaining certain evidence. How does a patent infringement lawsuit proceed? In order to protect your legitimate rights and interests, on the issue of "how to proceed with patent infringement litigation", the editor of Legal Savior Network has compiled relevant content, hoping to be helpful to you.

How to proceed with patent infringement litigation

1. Develop patented technology

For highly technical patent litigation, it is very important to research, analyze and thoroughly understand patented technology and related technologies. Patent litigation requires lawyers to not only understand legal provisions and relevant regulations, but more importantly, lawyers must understand patent technology. If you don’t understand the law, you won’t be able to win a lawsuit, and if you don’t understand technology, you won’t be competent in patent litigation. Legal provisions alone cannot solve the relevant issues in patent litigation, especially when determining whether a certain technology constitutes infringement, whether it is a publicly known technology, and whether it is Obvious techniques, etc., all require a certain amount of technical knowledge. It is difficult to be competent in patent litigation without delving into patented technology.

2. Collect effective evidence

For the plaintiff’s patentee lawyer, the most important thing is to collect the infringement information Evidence and purchase of infringing products are important, but some infringing products themselves are counterfeit products of others, and the manufacturers mentioned above are not necessarily the real infringing manufacturers. Therefore, it is best to go directly to the manufacturer to purchase suspected infringing products. If necessary, you can obtain notarization and evidence collection, or go through the industrial and commercial administration department or the technical supervision department.When performing other duties, the door may obtain evidence of infringement. The most difficult thing for the plaintiff to obtain evidence is to obtain the amount of the other party’s production and sales. In this case, the plaintiff can request the court to take evidence preservation measures to obtain this evidence. Obtaining evidence of infringement and the amount of infringement is the key to the plaintiff's success.

For the defendant, The key is to collect all evidence that can invalidate the plaintiff's patent, including patent documents, sales invoices, product advertisements, public use certificates, etc. Although product invoices can be used as evidence to invalidate someone else's patent, sometimes the invoice is not enough because the invoice does not specifically describe the shape or technical characteristics of the product. If the defendant finds evidence that is sufficient to pose a threat to the plaintiff's patent, which is one of the keys to victory, or if it finds effective evidence that proves its prior use or that it is using freely and publicly known technology, it may take the initiative in the lawsuit.

3. Use legal procedures skillfully

For defendants, the most common method is to counterclaim that the other party’s patent is invalid, thereby seeking time to seek alternative defenses. As for the plaintiff, before litigation, it is best to initiate the invalidation procedure for his own patent, so that the patent can pass the test of a "substantial trial" before suing others for infringement. Or before filing a lawsuit, first go to the Patent Administration Department of the State Council to search the attributes of your patent and issue a corresponding search report. This can avoid a lot of trouble caused by defendants taking advantage of invalid procedures. There are many legal procedures that can be applied in patent litigation, but the prerequisite is that you must understand the basic procedures such as patent application, approval, and invalidation, so that you can use them freely in litigation.

The above is the editor’s opinionAccording to relevant legal knowledge on patent infringement litigation compiled by experts, although market competition is fierce, you cannot use infringement to gain competitiveness. Only by developing yourself can you gain a firm foothold in the competition. If you still have any complicated questions, you are welcome to come to the legal website for online consultation at any time. There are professional legal groups here to provide you with legal services.