How to solve patent infringement
According to current relevant regulations, patent disputes can be resolved through administrative processing or court litigation. The administrative agencies with the power to handle patent disputes include the patent management agencies established by the governments at the provincial level, provincial capital cities, special economic zones, and coastal open cities. departments, as well as the intermediate people's courts of provincial capital cities, special economic zones, and coastal open cities.
Mediating patent disputes through the patent management agency is simpler and more flexible than litigation. Moreover, the patent management agency has a group of law enforcement personnel who have strong professional knowledge and are familiar with the law. Therefore, it is straightforward and quick to handle, which is conducive to resolving disputes as quickly as possible. In order to delay time, some infringers will find any reason to revoke the patent right to the Patent Office or file a request for invalidation to the Patent Reexamination Board. At this time, the People's Court must suspend the trial of the case and wait for the results of the Patent Office or the Reexamination Board. Therefore, cases sometimes drag on for several years, and products change from best-selling products to unsaleable ones. However, as the patent management agency, after analyzing the evidence submitted by the petitioner, if it considers that the evidence is insufficient, it may not suspend the trial. Therefore, for utility model and design patent infringement disputes, administrative handling has more advantages. Of course, after mediation by the patent management agency, if the parties are not satisfied, they will stillYou can file a lawsuit in the People's Court.
Suing in the People's Court and resolving it through litigation procedures is a general method for resolving civil disputes. Its advantage is that the People's Court's judgments and mediation documents have direct enforcement effect. . However, there are some noteworthy problems in resolving patent disputes through litigation. For example, patent infringement disputes often involve professional and technical issues. The court must invite experts for consultation and appraisal. Therefore, the litigation time often drags on for too long and the parties are exhausted. Energy is also not conducive to the implementation and utilization of patented technology and its transformation into productivity as soon as possible.
How to deal with patent infringement
1. Collect evidence and verify whether a patent right has been infringed by others , we must first find out whether there are facts that constitute infringement, and these facts must be proved entirely by evidence. Therefore, it is very important to collect relevant evidence in a timely and comprehensive manner. At this time, special attention should be paid to collecting physical and documentary evidence of infringement.
Physical evidence; mainly infringing products. Infringing products are very important evidence, and it is not difficult to obtain them.
Documentary certificate; generally should include two parts:
First, prove the patentee Have patent rights, such as: patent certificate, patent application documents, patent implementation license or patent rights transfer contract, etc.;
Second, prove that the infringing party has committed the infringement Behaviors, such as: order contracts or transfer contracts between the infringing party and others, sales invoices or sales product instructions, technical comparison documents, etc. In some cases, one or two strong documentary evidences can often confirm the existence of infringement facts.
2. Re-evaluation of the patent right itself
The investigation and judgment of infringement may ultimately It will lead to infringement lawsuits, and the success or failure of infringement lawsuits depends to a large extent on whether the patent rights in the hands of the patentee are impeccable. Therefore, the patentee should re-analyze and evaluate the patentability of his patent right, and make a judgment on the patentability of the invention. He must not abuse the lawsuit just because he has profited from the patent right. If so, inOnce you counterclaim that the patent right is invalid in an infringement lawsuit, you will be caught off guard, and may also cause the lawsuit to turn from victory to failure. There are many such examples in real life.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.