Legal analysis: in the face of the infringement warning of the infringer, allowing the accused infringer to file a lawsuit to confirm non-infringement can effectively prevent the intellectual property right holder from abusing his rights, help to end the uncertainty of legal relationship as soon as possible, and better balance the conflict of interests between the intellectual property right holder and the accused infringer. Based on this, in reality, the accused infringer took the initiative to file a lawsuit to confirm non-infringement.
legal basis: article 64 of the patent law of the people's Republic of China
the scope of protection of the patent right for invention or utility model shall be subject to the contents of its claim, and the description and drawings can be used to explain the contents of the claim. The protection scope of the patent right for design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
article 67 in a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.
article 68 anyone who counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order him to make corrections and make a public announcement, confiscate his illegal income, and may be fined not more than five times his illegal income; If there is no illegal income or the illegal income is less than 5 thousand yuan, a fine of less than 25 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.