What are the ways to defend your patent rights if they are infringed?

Patent administrative infringement disputes are disputes caused by patent authorities making decisions on compulsory licensing of patents and invalidating patent rights that are inconsistent with the provisions of the patent law, infringing or even depriving the patentee of his legal rights. What are the ways to defend your rights if your patent rights are infringed? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the ways to defend your patent rights if your patent rights are infringed

(1) Any dispute caused by infringement of patent rights shall be resolved through negotiation between the parties .

(2) Unwilling to negotiate or negotiation fails, The patentee or interested party may file a lawsuit in the People's Court, or request the patent management department (Wenzhou Intellectual Property Office) to handle the matter.

(3) Report to “12312” for intellectual property protection Complain to the Complaints Service Center.

Article 60 of the Patent Law: Implementing the patent without the permission of the patentee shall infringe upon the patentee and cause disputes, which shall be settled through negotiation by the parties; 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. The court shall sue; if the infringer does not sue at the expiration of the time limit and does not stop the infringement, the management of the patent shallThe operating department may apply to the People's Court for compulsory execution. 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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