What to do if patent infringement occurs

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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's Court To file a lawsuit, you can also request the patent management department to handle it.

"Patent Law"

Article 60: Implementing the patent without the permission of the patentee will infringe upon the patentee and cause disputes, which shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the patent The right holder or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. 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 If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual that manufactures the same product shall provide evidence that its product manufacturing method is different from Proof of 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. A patent right evaluation report made by the patent administration department after searching, analyzing and evaluating relevant utility models or designs.Complaints shall be used 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.