What are the solutions to patent disputes
1. Negotiation.
2. Request the patent management department to handle it.
Parties to patent disputes may also request the patent management department to handle the matter. Patent management agencies refer to the patent management agencies established by the relevant competent departments of the State Council or local people's governments. The Patent Administration Department of the State Council is responsible for managing patent work nationwide; it uniformly accepts and examines patent applications and grants patent rights in accordance with the law. The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.
3. File a lawsuit in court.
If the parties to a patent dispute are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court.
Knowledge link: Things to note when handling patent disputes
1. Patent disputes can be mediated
At the request of the party concerned, the department responsible for managing patent work may mediate the amount of compensation for patent infringement; if mediation fails, the party concerned may mediate the amount of compensation for infringement of patent rights in accordance with the provisions of the "People's Republic of China" File a lawsuit in the People's Court under the Civil Procedure Law.
2. If you are dissatisfied with the decision of the patent management department, you can sue
The patent management department can handle it In patent infringement disputes, if the infringement is determined to be established, the infringer may be ordered to immediately stop the infringement. If the party is dissatisfied, he may file a lawsuit in the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China" within 15 days from the date of receipt of the handling notice; infringement If a person does not file a lawsuit upon expiration of the time limit and does not stop the infringement, the department managing patent affairs mayApply to the People's Court for compulsory execution.
3. Evidence issues in patent infringement disputes
Whether it is the people's court or the administrative authority for patent work When handling patent infringement disputes, the department requires relevant personnel and units to provide relevant evidence.
The Patent Law stipulates that for invention patents involving new product manufacturing methods, units or individuals that manufacture the same product should provide proof that their product manufacturing methods are different from the patented methods. , that is, the accused infringer bears the burden of proof; when it comes to utility model patents, the people's court or the patent administrative department may require the patentee to issue a search report issued by the patent administration department of the State Council to facilitate an accurate and timely judgment of whether there is infringement. handle disputes effectively.
4. Calculation method of the amount of damages
(1) Based on the patentee’s compensation for infringement The amount of compensation shall be determined based on the losses suffered by the infringer or the benefits obtained by the infringer due to the infringement;
The losses suffered by the rights holder due to the infringement can be based on the patentee's patented products. The total amount of sales reduction caused by infringement is calculated by multiplying the product of the reasonable profit of each patented product.
If the total amount of reduction in sales volume of the right holder is difficult to determine, the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each patented product can be regarded as The losses suffered by the right holder due to infringement.
The benefits obtained by the infringer due to infringement can be calculated based on the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The benefits obtained by an infringer due to infringement are generally calculated based on the infringer's business profits. For infringers who are solely engaged in infringement, they can be calculated based on sales profits.
(2) The losses suffered by the infringed party or the benefits obtained by the infringer are difficult to determine, and there is a patent license fee that can be referred to, refer to the patent license fee 1 to 3 times the reasonably determined amount of compensation.
(3) When it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, and there is no patent license fee to refer to or the patent license fee is obviously unreasonable , based on factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, the amount of compensation is generally determined between RMB 5,000 and RMB 300,000, with a maximum of RMB 500,000.
