What are the ways to protect patent rights
1. Ways to protect patent rights:
1. Self-reconciliation: Reach a settlement agreement on the basis of equal consultation between both parties.2. Apply to the patent management authority for mediation and processing , relying on administrative means to order infringers to stop infringement and punish them.
3. File a lawsuit in court and ask the infringer to stop Infringement and compensation for economic losses caused by infringement.
2. Comparison of various approaches:
1. Self-reconciliation: Resolving disputes quickly and amicably can leave room for continued cooperation and save manpower, material and financial resources.
2. Apply to the patent management agency for mediation and settlement. The scope of mediation includes: patent royalty disputes , patent incentive fee disputes, patent application rights disputes, patent ownership disputes, patent contract disputes, patent infringement disputes, etc. The advantage is that the procedure is simple and the processing is quick.3. Suing in court: It can effectively attack competitors, consolidate the market advantage position already owned, and also obtain legal benefits from infringers. Get a compensation in your hands. The judgment or mediation letter of the People's Court has legal effect and is enforced by the state to ensure its execution.
3. Procedure and timeliness:
1. Apply to the patent management agency for mediation and processing: It is not necessary. The parties can directly file a lawsuit with the People's Court without administrative mediation. However, the decision of the patent management agency still needs to go through In the judicial review, the dissatisfied party can also go to the court to file an administrative lawsuit. The administrative lawsuit will be tried twice, and cross-provincial enforcement will be difficult.
2. File a lawsuit in court: Comparatively analyze the alleged infringing party's technology and its own patented technology to determine whether the patent infringement is established; investigate the scope of the infringement or to the extent, prepare a complaint and relevant evidence; file a case in a court with jurisdiction; hold a hearing in court and wait for the court’s ruling or judgment to take effect; apply for compulsory execution. The statute of limitations is 3 years, after the patentee or interested party learns Or the date on which the infringement should have been known should be calculated.
According to the above content, it can be seen that the ways to protect patent rights include self-reconciliation, applying to the patent management authority for mediation and processing, and filing a lawsuit with the patent management authority. There are three types of court lawsuits requiring the infringers to stop infringement and compensate. Each of the three rights protection methods has its own advantages and disadvantages, and the procedures and time limits required for them are also different. You can choose the most suitable rights protection method according to your own rights protection case. Solve the problem as soon as possible.
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