How to share the burden of proof in patent infringement lawsuits arising from new product manufacturing method invention patents

Patent rights are the patentee's exclusive right to utilize his inventions and creations. Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and business without the permission of the patentee. How to share the burden of proof in patent infringement lawsuits arising from new product manufacturing method invention patents? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

The burden of proof in patent infringement litigation arising from invention patents for new product manufacturing methods How to share

Due to new product manufacturing In patent infringement lawsuits caused by process invention patents, the unit or individual that manufactures the same product bears the burden of proof that the manufacturing method of the product is different from the patented method; in new product manufacturing method invention patent infringement lawsuits, the patentee only needs to provide evidence that its patent is used. The other party must provide evidence to prove that its manufacturing method is not a patented method, or it is not considered an infringement of patent rights according to law.

Using the patent without the permission of the patentee will infringe the patent rights and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee shall Alternatively, an interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

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