1. What are the identification and remedies of patent infringement
1. Infringement The object should be a valid patent that enjoys patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only patent rights that have not expired due to payment, invalidation, abandonment, etc. within the specified protection period are valid patents. It should be noted that if a patent right is declared invalid for some reason, the patent right will be deemed to have ceased to exist from the beginning. Therefore, even if someone else has implemented it before, it is not enough to constitute patent infringement.
2. Legal basis: Article 11 of the "Patent Law of the People's Republic of China" stipulates that after an invention-creation is granted a patent right, unless otherwise provided in this law , no one is allowed to exploit its patent, and the exploitation means that it is not allowed for the purpose of production and business.
2. What are the remedies for patent infringement?
If disputes arise between parties due to infringement of patent rights, they may be resolved by The parties shall negotiate to resolve the matter; if either party is unwilling to negotiate or cannot resolve the matter through negotiation, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter.
If the patent management department determines that the infringement is established, it can order the infringer to immediately stop the infringement. If the party is dissatisfied, he or she can receive a processing notice. Within the prescribed time limit from the date of filing, the infringer shall file a lawsuit with the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China"; if the infringer does not file a lawsuit or cease the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the patent management department that handles the matter may mediate on the amount of compensation for infringement of patent rights; if mediation fails, the parties may mediate in accordance with the Civil Procedure Law of the People's Republic of China.File a lawsuit with the People's Court. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.