How to collect evidence of patent infringement

Evidence to prove patent infringement mainly includes the following contents:

1. Evidence about the infringer.

It is necessary to know the exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer. It is very important for the patentee to know what strategies to take to deal with patent infringement.

2. Evidence of infringement facts.

The premise of patent infringement is that there must be infringement. These evidences include physical objects, photos, product catalogues, sales invoices, purchase and sale contracts, etc.

3. Evidence about damages.

The patentee may claim damages from the infringer. The amount of compensation claimed may be the loss suffered by the patentee. However, the patentee shall provide evidence to prove that the sales volume of his patented product has decreased, or the sales price has decreased, and other expenses have been overpaid or underpaid.

Article 63 of the Patent Law stipulates that in addition to bearing civil liability according to law, the patent administration department shall order it to make corrections and make a public announcement, confiscate the illegal income, and may impose a fine of less than four times the illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

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