1. What is the procedure for a law firm to file a lawsuit?
1, case review
Step 2 Receive the case
3. Assign litigation lawyers to intervene.
4. Formulation of litigation plan
5. Collect, guide and prepare prosecution materials.
Step 6 file a case
7. Follow-up, communication, receiving materials, pre-trial mediation, litigation preservation, etc.
8. Pre-trial preparation: the focus of the dispute is induced, the evidence is prepared for cross-examination, and the legal provisions are sorted out and quoted.
9. Attend the trial
10. After the court session, sort out the court session, report the court session to the parties and submit the proxy statement to the court.
1 1. Follow up, urge and accept the civil judgment of the court.
12. Is there an appeal in the follow-up case?
13. Receive the appeal, draft the defense according to the appeal, and submit the defense to the court.
14, follow up the filing of the second instance.
15, participated in the second trial.
16. After the trial, sort out the court session, report the court session to the parties and submit the proxy statement to the court of second instance.
17. Follow up, urge and accept the civil judgment of the court of second instance.
18. Prepare the execution materials according to the effective judgment.
19, apply to the people's court for compulsory execution.
20. Provide property clues, communicate the implementation progress with the executive judge, and follow up the implementation.
2 1. Execution ends and case is closed.
Second, the time of receiving the lawyer's letter to sue.
You still don't carry it out after receiving the lawyer's letter. It depends on whether the other party decides to sue, and if it decides to sue, it will be soon.
The specific processing steps are as follows:
1. Consider whether your behavior is an act that does not constitute patent infringement as stipulated in the Patent Law.
2. If you confirm that your product or method does not constitute infringement, you can reply accordingly;
Knowledge supplement: if the obligee issues a warning of patent infringement to others, and the warned person or interested party urges the obligee to exercise the right of action in writing, and the obligee does not withdraw the warning or bring a lawsuit within one month from the date of receiving the written reminder or within two months from the date of issuing the written reminder, and the warned person or interested party brings a lawsuit to the people's court to confirm that his behavior does not infringe the patent right, the people's court shall accept it.
3. If the infringement is confirmed, you can further carefully search the legal status and patentability of the patent and analyze the results.
(1) If you confirm that your product or method has fallen into the scope of patent protection, you can consider whether your implementation behavior belongs to the behavior that does not constitute a patent infringement clause in China's patent law.
(2) If, after analyzing the results of the patent inquiry, you think that it is possible to declare the patent invalid, you should take the time to make a request to declare the patent invalid to the Reexamination Board of the Chinese Patent Office during the defense period. At the same time, a copy of the patent invalidation request will be submitted to the court, requesting the court to decide to suspend the lawsuit. For utility model patents and design patents, the court shall suspend the proceedings. As for the invention patent, the court may suspend it or not. Therefore, the defendant should actively provide the court with materials to prove the lack of patentability of the patent, so as to urge the court to suspend the lawsuit. If the court does not suspend the trial and make an infringement judgment, the defendant shall appeal in time and request the Patent Reexamination Board to speed up the procedure, so as to make a decision to declare the patent invalid before the judgment of the second instance of the court is made.
(3) If the patent right cannot be declared invalid, but it does infringe the patent right, the defendant shall stop the infringement and try to reach a settlement agreement with the patentee.
Finally, the litigation process of the law firm needs to be resolved through consultation between the attorney and the parties. Before the trial, the attorney needs to choose pre-trial mediation or litigation preservation according to the handling method of the case before the trial. If he loses the case because of insufficient evidence, he can also find a lawyer for retrial.