What to do about patent infringement

The following article is an article about patent infringement disputes provided by the editor of the Legal Savior Network. I hope that such an article can help more people in need. If you need to know other related knowledge, you can log in to the Legal Savior Network. Get free legal advice from an attorney.

What to do about patent infringement

It shall be settled through negotiation between the parties; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the people If you file a lawsuit in court, you can also request the patent management department to handle it.

"Patent Law"

Article 60 Without the permission of the patentee, the implementation If its patent, that is, infringement of its patent rights, causes a dispute, it shall be resolved by the parties through negotiation; if they are unwilling to negotiate or the negotiation cannot be reached, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. 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. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. 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.

Article 61 Patent infringement disputes involve new If there is an invention patent for a 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 document issued by the State Council. Patent rights issued by the patent administration department after searching, analyzing and evaluating relevant utility models or designs.The evaluation report serves as evidence for hearing and handling patent infringement disputes.

The above content is compiled by the editor of Legal Savior Network. I hope it can help everyone.