What reports can be used as evidence in utility model or design patent disputes?

According to the provisions of the Patent Law, the Patent right evaluation report produced by the patent administration department of the State Council after retrieval, analysis and evaluation of relevant utility models or designs can be used as evidence in the trial and handling of patent infringement disputes. Regarding the question of what reports can be used as evidence in utility model or design patent disputes, the editor of Legal Savior Network will give you a detailed answer below.

1. What reports can be used as evidence in utility model or design patent disputes

1. The patent right evaluation report produced by the patent administration department of the State Council after retrieval, analysis and evaluation of relevant utility models or designs can be used as evidence in the trial and handling of patent infringement disputes.

2. Legal basis: "Patent Law of the People's Republic of China"

Sixty-sixth If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual manufacturing the same product shall provide proof that its product manufacturing method is different from the patented method.

If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department managing patent affairs may require the patentee or interested party to issue a certificate issued by the State Council. The patent right evaluation report issued by the patent administrative department after retrieval, analysis and evaluation of relevant utility models or designs shall be used as evidence in the trial and handling of patent infringement disputes; the patentee, interested parties or accused infringers may also issue it on their own initiative Patent rights evaluation report.

2. What is the infringement evidence for utility model patent infringement

1. Prove that you have patent rights or patent licensing rights

(1) The patentee sued. If you belong to this group, you must submit documents proving the authenticity and validity of your patent rights, including patent certificates, claims, instructions and the latest patent annual fee payment receipt.

If you are the plaintiff in a lawsuit for infringement of utility model patent rights, you must submit a search report issued by the Patent Administration Department of the State Council.

(2) Sued by an interested party. If you are this type of person, you should submit proof that the patent license contract was filed with the Patent Administration Department of the State Council. If it has not been filed, you must submit a certificate from the patentee or other evidence proving that you enjoy the rights.

(3) The licensee who exclusively implements the license contract. This type of person can file a lawsuit in the People's Court alone, that is, if the patentee does not sue, he can file a lawsuit on his own, but he must submit proof that the patentee knows that infringement has occurred and has expressly given up the prosecution or will not sue.

2. Prove that the defendant has committed or is about to commit an act that infringes the patent right

Usually: , the plaintiff should submit evidence such as the alleged infringing product and its sales invoices, comparison materials of the technical features of the patent and the alleged infringing product.

3. Prove that the amount of compensation proposed has a factual basis

This is for example, Evidence of the losses suffered by the right holder due to the infringement or evidence of the benefits gained by the infringer due to the infringement.

However, the following two main types of evidence need to be provided in utility model infringement:

1. Documentary evidence. Usually it is a notarial certificate. After the patentee discovers the infringement through market research, he will usually apply to the notary office to notarize the process of purchasing the infringing product and the purchased infringing product or to inspect the infringement site (such as promised sales) or Conduct a survey and notarization of the installation site of the infringing product and obtain a notarization certificate to prove the defendant's infringement.

2. Physical evidence. The patentee purchased the infringing product from the market. Purchased infringing products should be sealed by a notary and photographed. Before submitting it to the court, the plaintiff should ensure that the seal is intact, otherwise the defendant may raise objections during cross-examination and deny recognition of the infringing product.

In accordance with the provisions of the Patent Law, the patent administration department of the State Council makes a patent right evaluation report after searching, analyzing and evaluating relevant utility models or designs. , can be used as evidence in hearing and handling patent infringement disputes. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.