What should I do if my patent is infringed? How to determine whether a patent has been infringed?

Inventions, utility models, and designs not only contain huge economic value, but are also the crystallization of the parties’ wisdom and the embodiment of their creativity. Since patents can bring huge economic benefits to everyone, patent infringements continue to occur in real life. So what should we do if a patent is infringed? How to determine whether a patent has been infringed? What should I do if my patent is infringed? How to determine whether a patent has been infringed? What should I do if my patent is infringed? (1) If a dispute arises due to patent infringement, the parties shall resolve it through negotiation; (2) If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court; (3) If the party is unwilling to negotiate or the negotiation fails, , the patentee or interested parties may also request the patent administration department to handle the matter. The departments that manage patent work refer to the departments that manage patent work established by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and the people's governments of districted cities that have a large workload of patent management and have the actual processing capabilities; (4) manage patent work that handles At the request of the parties, the department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law; (5) Complain to the 12312 Intellectual Property Protection Reporting and Complaint Service Center. How to determine whether a patent has been infringed? Patent infringement is different from general civil infringement in that it has the characteristics of concealed infringement methods, large number of infringers, and complex infringement methods. Therefore, before preparing to file a lawsuit, you must understand and ascertain the basic facts of the infringement through various channels, such as the production source, sales channel, sales area, sales quantity, sales price, etc. of the infringing product, and you should pay attention to collecting relevant information. evidence materials. In particular, it is necessary to promptly and accurately identify the infringer, that is, the manufacturer of the infringing product, the sales supplier of the infringing product, the direct seller of the infringing product, or the person who uses, offers to sell, or imports the infringing product. For the confirmation of infringement and the infringer, evidence can be obtained through notarization and purchase, which can maximize the preservation and proving effect of the evidence. Once the infringer is identified, the opposite party to the lawsuit can be further selected, that is, the defendant. Regarding the selection of defendants, from a legal perspective, any tortfeasor can become a defendant, but from a litigation perspective, we should choose as a defendant an infringer who is conducive to litigation convenience, litigation success, and litigation compensation. ; You can either choose an independent or major infringer as the defendant, or you can choose multiple infringers who comply with the legal provisions as the first co-defendant; on the premise that there are *** co-defendants, you should also choose the first defendant carefully, Actively advocate joint and several liability to facilitate the reasonable selection of the competent court and the actual satisfaction of damages. What should I do if my patent is infringed? How to determine whether a patent has been infringed? The editor will answer this question for you. If you have more questions about patent infringement, you can continue to pay attention to Bajie Intellectual Property Rights, or contact us by phone.