How to resolve patent disputes

According to the provisions of the Patent Law, when a patent dispute occurs, it shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, they may apply for mediation. If mediation fails, they may apply for arbitration or file a lawsuit in the People's Court to resolve the dispute. Regarding the issue of how to resolve patent disputes, the editor of Legal Savior Network will give you detailed answers below.

1. How to resolve patent disputes

1. After a patent dispute occurs , the parties can resolve their rights disputes through the following channels:

(1) Negotiation and settlement. On the basis of equality and voluntariness, both parties reach a settlement agreement through friendly negotiation, mutual understanding and concession, and then resolve the dispute.

(2). Mediation. Under the auspices of relevant organizations (such as the People's Mediation Committee) or intermediaries, disputes can be resolved by distinguishing right from wrong, clarifying responsibilities on the basis of equality, voluntariness, and legality, and by presenting facts and reasoning to encourage both parties to reach an agreement on their own initiative.

(3). Arbitration. The parties to the dispute submit an application to the arbitration institution based on the arbitration agreement or the arbitration clause in the contract reached before or after the dispute, and the arbitration institution will hear it in accordance with the law and make an award, which will be implemented through the parties' conscious performance of the award or one party's application to the People's Court for compulsory execution. The dispute was resolved.

(4) Litigation settlement. Resolving the dispute through litigation means that one party to the dispute files a lawsuit in the People's Court in accordance with the law, and the court hears it in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory execution of the People's Court.

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

2. What are the legal consequences of patent infringement

1 , stop patent infringement. Stopping patent infringement is the first responsibility that all civil infringements that continue while being sued should bear. Patent infringement is no exception. As long as there is an infringement, regardless of whether the perpetrator is at fault or whether losses are caused, he shall bear the responsibility to stop the infringement.

2. Compensate for losses. For patent infringement that causes losses, in addition to the infringement liability to stop the infringement, the perpetrator should generally also bear the liability to compensate for the losses. In certain circumstances, liability may be waived.

3. Eliminate the impact. If the patentee's goodwill is damaged due to infringement, the infringer shall bear the responsibility to eliminate the impact and publish a statement or publish an infringement judgment or decision through the media to eliminate the adverse impact of the infringement on the patentee.

4. Apologize. When infringement damages the goodwill of the patentee, the patentee often feels resentful. Therefore, the infringer should apologize to the patentee.

According to the provisions of the Patent Law, when a patent dispute occurs, it shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, they may apply for mediation. If mediation fails, You can apply for arbitration or file a lawsuit in the People's Court to resolve the dispute. 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.