How to write a patent infringement statement

As a professional infringement lawsuit, patent disputes have always been at the forefront. After all, our country's overall innovation capability is weak, and there are certain loopholes in the legal provisions in this regard. When you want to claim this right, you need to write a patent infringement statement. Today, the editor of Legal Savior Network will give you a detailed introduction.

How to write a patent infringement statement

Patent infringement statement sample:

XXXXXXX Power Generation Co., Ltd.:

Dear leaders and experts

Products involved in the XXXXXXXXXXXXXXXXXXX project bid by our company:

1. Silo wall vibrating air hammer

2. Automatic filtering and drainage device

3. Coal break signal acquisition device

Our company has never transferred the above patented technology to any enterprise or individual. At present, some manufacturers have imitated our patented products to make illegal profits. In this regard, we have made representations to the relevant manufacturers, hoping to attract their attention. And our company will reserve the right to initiate legal proceedings. In order to protect our company’s intellectual property rights, we sincerely ask your company to seriously consider our opinions, and ask all leaders and experts to refuse counterfeit products from entering your company, and assist us in jointly protecting the country. Intellectual property rights. Our company will do its best to be responsible for your company and serve the project wholeheartedly.

Elements of patent infringement

Patent rights are the exclusive rights of the patentee to use his inventions and creations. Patent infringement refers to infringement of the patent rights without the permission of the patentee. For the purpose of production and operation, the illegal act of valid patents protected by law was carried out.

The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions. Among them, the formal elements mainly include:

1. The implementation involves a valid Chinese patent;

2. The implementation must be without the permission or authorization of the patentee;

3. The implementation of the behavior must be for the purpose of production and business. Whether the perpetrator is subjective Intention is not a formal requirement. However, it can be used as a basis to measure the severity of the circumstances.

The substantive elements that constitute patent infringement, that is, the technical conditions and whether the actual implementation behavior falls within the protection scope of the patent. If the technical features involved by the actor fall within the protection scope of the patent right, then the actor constitutes Patent infringement has occurred. It mainly has the following forms:

1. If the technical features involved by the perpetrator are all the same as those of the patent, it constitutes infringement;

2. If the technical features involved by the perpetrator are more than those of the patent, it also constitutes infringement;

3. The technical features involved by the perpetrator are the same or different from those of the patent, but they are different. If the technical features of the patent are equivalent to the technical features of the patent, it still constitutes infringement; otherwise, it does not constitute infringement. The technical features here are equivalent, which means that an ordinary skilled person in the technical field can infer that two technical features are interchangeable with each other. Afterwards, the effect produced is the same.

Because of the patent Litigation of infringementDispute resolution is to strengthen society's innovation ability, so our country's laws still pay more attention to it. I hope everyone can rely on the law to protect their legitimate rights and interests. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.