Should the trial of an invention patent accused of infringement be suspended after the application is invalid?

First of all, if the defendant involved in the case requests the Patent Reexamination Board to declare the patent invalid during the trial of an invention patent infringement dispute, there is no need to suspend the proceedings. In cases involving patent infringement lawsuits, the defendant needs to submit a search report issued by the patent administration department of the State Council during the case filing stage, such as making an invalid claim regarding the plaintiff’s patent rights within the defense period. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Whether to suspend the trial after the alleged infringement of the invention patent is invalidated

First of all, if the defendant involved in the case submits a request to the patent during the trial of the invention patent infringement dispute case, If the reexamination committee requests to declare the patent right invalid, there is no need to suspend the proceedings.

In cases involving patent infringement lawsuits, the defendant needs to submit the case to the State Council during the filing stage According to the search report issued by the patent administration department, if the plaintiff’s patent rights are invalidated within the defense period, he or she may apply to the court for a ruling to suspend the trial.

Furthermore, in a patent infringement case, if the defendant uses the plaintiff’s name during the defense period, If you file an application on the grounds that the patent right is invalid, you can also expect the court to rule and suspend the case.

Article 45 of the Patent Law of the People's Republic of China

From the date when the patent administration department of the State Council announces the grant of the patent right, any unit or individual believes that the patent has been granted If a patent does not comply with the relevant provisions of this Law, it may request the Patent Reexamination Board to declare the patent invalid. This procedure is called the patent invalidation procedure. A patent declared invalid shall be deemed invalid from the beginning.Yes, even if the perpetrator implements the technology without permission, it does not constitute infringement.

2. How to deal with being sued for patent infringement

1. First Collect evidence of patent infringement.

The required evidence is as follows:

1. Evidence of patent rights.

Prove that you are the patent owner or have the right to use it.

2. Evidence of infringement.

Prove that the other party is infringing or will infringe your patent rights.

This requires bringing infringing products and sales documents, as well as patents and infringing products. Feature comparison information.

3. Evidence of compensation.

2. After collecting evidence, you can choose the following methods to protect your rights:

1. Let’s sit down and talk: you and your infringer can negotiate on your own, or you can find an intermediary to help negotiate reconciliation and see how to resolve the conflict.

2. Administrative means: If you think there is sufficient evidence of infringement, you can complain to a place like the Patent Office and let them handle it. You may be given You may be subject to some administrative penalties

3. Go to court: If you think the infringement is serious, File a lawsuit directly with the court where the infringement occurred and where the defendant is located, demanding an end to the infringement and compensation for losses.