1) Review customer qualifications.
According to Article 57 1 of the Patent Law, only the patentee or interested party can bring a lawsuit to the people's court for patent infringement.
The patentee refers to an individual, legal person or other civil subject who has obtained the patent right according to law.
Stakeholder refers to the person who has an interest in the patent except the patentee when the patent is infringed, that is, the licensee of patent exploitation.
The licensee who exclusively implements the licensing contract may file a patent infringement lawsuit separately; The licensee who exclusively implements the licensing contract may independently file a patent infringement lawsuit without being sued by the patentee; Unless otherwise agreed in the license contract, the licensee who generally implements the license contract can only file a patent infringement lawsuit with the plaintiff as * * * together with the patentee.
2) judging the stability of patent right
Before bringing a patent infringement lawsuit to the court, the plaintiff should judge the stability of the patent and see if it may be declared invalid.
In addition to analyzing the stability of patent rights relative to the existing technology, it is also necessary to analyze whether there are other fatal defects in patent documents and whether these defects can be overcome in invalid procedures.
3) Collection of evidence of infringement
2. Preparation of the defendant's agent
1) analyze whether the implementation behavior of the client belongs to the scope of patent protection;
2) Judge the stability of the patent right and see if the plaintiff's patent may be declared invalid.
3) Collection of evidence