1. Will patent infringement be lost?
1. Will patent infringement be lost? Failure to win the lawsuit will depend on the actual situation, and mainly depends on whether the plaintiff can provide sufficient evidence to prove whether the defendant has committed patent infringement.
2. If there is enough evidence, the defendant will lose the case. If there is insufficient evidence, the plaintiff will lose the case.
3. Legal basis: Articles 66 and 67 of the "Civil Procedure Law of the People's Republic of China"
2. What is the burden of proof for invention patent infringement
my country's laws clearly protect invention patents, and any use without the consent of the patent owner will be deemed as infringement. To determine that an invention patent has been infringed, there must be sufficient evidence, because once it goes to court, you will be required to provide evidence. According to the provisions of my country's Procedural Law, the burden of proof is distributed as follows:
1. The plaintiff provides evidence
After filing a lawsuit in court, regarding the allocation of the burden of proof, the person filing the lawsuit generally has the obligation to collect or provide evidence for the claim he or she makes.
2. The court obtains evidence
If the plaintiff cannot collect evidence on his own due to objective reasons, For example, if the evidence is in the hands of the defendant, or the People's Court deems it necessary to hear the case, the People's Court will investigate and collect it.
3. The defendant's proof
In infringement litigation cases directly stipulated by law, the proof is applicable Inversion of responsibility means that the defendant is allowed to present evidence.
As for patent infringement lawsuits arising from invention patents for new product manufacturing methods, in practice, the unit or individual that manufactures the same product will bear the burden of proof that the manufacturing method of the product is different from the patented method. , that is, applying the inversion of the burden of proof and allowing the defendant to provide evidence.
According to the provisions of the Civil Procedure Law, whether a patent infringement lawsuit will be lost depends on the actual situation. It mainly depends on whether the plaintiff can provide sufficient evidence to prove that the defendant Whether there is patent infringement, if there is enough evidence, the defendant will lose the case, if there is insufficient evidence, the plaintiff will lose the case. 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.
