Legal analysis: (1) Submit mediation to the administrative department for patent management (local intellectual property office);
(2) File a lawsuit in court.
Legal basis: "Patent Law of the People's Republic of China"
Article 60 The patent administration department of the State Council shall promptly notify the patent owner of its decision to grant a compulsory license. persons, and be registered and announced. The decision to grant a compulsory license shall specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory licensing are eliminated and no longer occur, the patent administration department under the State Council shall make a decision to terminate the compulsory license upon review at the request of the patentee.
Article 63: If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, the patentee and the unit or individual who obtained the compulsory license shall appeal to the Patent Administration Department of the State Council on the implementation of compulsory license. If you are dissatisfied with the ruling on the use fee, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
Article 65: Exploiting the patent without the permission of the patentee shall infringe upon the patent right and cause disputes, which shall be settled through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee or Interested parties 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, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, 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.