What evidence should the plaintiff provide in a patent infringement case
Evidence that the plaintiff in patent infringement cases should provide The plaintiff in patent infringement cases should bear the burden of proof to This proves that the defendant's infringement is established. If the plaintiff cannot provide evidence or the evidence he adds cannot or cannot fully prove that his rights have been infringed, the defendant's infringement is not established and the plaintiff's claim will not be supported by the people's court. The plaintiff in a patent infringement case shall submit the following evidence to the People's Court:
1. Prove that the technology used by the defendant, or the products manufactured or sold, are its legally owned patents, and the defendant’s actions did not obtain a license for use. right. For this cause of action, the plaintiff should provide a patent certificate issued by the Patent Administration Department of the State Council. If the patent was obtained through donation or inheritance, or through legal transfer, the plaintiff should provide a donation contract, will or Proof of legal heir or patent transfer contract and patent transfer contract announcement issued by the Patent Administration Department of the State Council, if the plaintiff cannot provide corresponding evidence, the cause of action cannot be established;
2. Evidence proving the legality and validity of the patent certificate. There are the following types of evidence for the legality of a patent:
(1), span>The patent is within the protection period. If it is an invention patent, the protection period is twenty years. The plaintiff should provide the application date documents confirmed by the patent administration department of the State Council. If it has been twenty years from the application date, it will not be protected. If it is less than twenty years, the defendant's behavior constitutesIf the infringement is a utility model or design, the protection period is ten years, and the evidence and calculation methods provided are the same as those for inventions;
(2) Receipts proving that the plaintiff has paid annual fees and other related fees on time in accordance with the provisions of the patent law. The receipt can also fully prove that the patent right is protected by the patent law. Legal and valid patent;
3. The plaintiff shall provide it to the Patent Administration Department of the State Council when applying for a patent. The claims and description of the patent should explain the scope of protection requested by the patent. This evidence should provide the original documents published by the patent administration department of the State Council;
4. Evidence proving the defendant’s patent infringement.
(1) Provide the infringing product and explain its technical requirements, characteristics, etc. The scope of protection of the patent right;
(2) Require the defendant to provide a license Use contracts, etc.;
5. Propose the calculation basis and evidence for the amount of compensation. The basis , The evidence should be the relevant legal provisions of the Patent Law and the Implementing Rules of the Patent Law.
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