What content should a patent infringement notification letter contain?

Our country implements the rule of law. In the long-term construction of a society ruled by law, more and more people have begun to know and understand the law, and the people's legal level has steadily improved. In recent years, people have long been familiar with prohibitions related to patent infringement, and the fruits of others' labor cannot be illegally stolen. Next, the editor of Legal Savior Network will introduce to you the contents of the patent infringement notification letter. I hope it will be helpful to you.

What should be included in a patent infringement notification letter

1. The notification letter should clarify the identity of the patentee, including the source of the rights: whether it is authorized by application, authorized by transfer, or with the permission of the patentee. etc.

2. The notification letter should clarify the specific situation of the patent , including: the name and type of the patent, the time when the rights were obtained, the validity of the patent, and the content of the patent rights. In addition, the patent documents authorized by the announcement (including patent certificate, claims, instructions, and drawings) should be attached to the patent warning letter and sent to the person being warned.

3. Since China does not authorize utility model inventions There is no need to go through substantive examination. Therefore, the utility model patentee should also attach the search report made by the patent administration department of the State Council to the notification letter, and should state in the notification letter the conclusion of his patent after the search.

4. The notification letter should state the infringement of the person being warned BehavioralSpecific circumstances (such as manufacturing, or selling, or promising to sell, or use, etc.), including product name, model, price, etc.;

5. The notification letter should briefly summarize the characteristics of the accused product and compare it with the patent claims to clarify the accused product falls within the scope of patent protection.

6. The notification letter should inform the person being warned of the time limit for replying to the notification letter.

7. Specific provisions of the Law and the Implementing Rules of the Patent Law Specific provisions, relevant judicial interpretations, etc.

8. The notification letter should be sent in a way that can The purpose of obtaining the proof of delivery shall prevail, which is very important to prove whether the right holder has issued a notification letter.

During the litigation process, if the right holder provides The court will use the notification letter with the above content as an important basis to determine whether the accused has committed intentional infringement. Therefore, the warned person who has received the above notification letter must not ignore it, but should contact and communicate with the right holder who issued the warning or his representative with the assistance of his or her lawyer. Otherwise, it will be difficult to get rid of the accusation of "knowing infringement" in future court trials.

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