1, evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license.
2. There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, and the technical characteristics comparison materials between this patent and the alleged infringing products.
3. Evidence of the amount of compensation. Prove that the amount of compensation proposed by him is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the loss suffered by the obligee due to infringement or the benefit gained by the infringer due to infringement is difficult to determine, the people's court may reasonably determine the amount of compensation by referring to the multiple of the patent license fee; If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors. The above compensation amount may include reasonable expenses paid for investigating and stopping the infringement. After the evidence is collected, you can choose the following infringement solutions according to your own situation:
1. settlement through negotiation: the patentee and the alleged infringer can reach a settlement agreement through self-negotiation or mediation by other third parties to resolve the dispute. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward. This is not stipulated in China's patent law, but it is often used in real life and often plays a very good role. The writing of infringement warning letter can be tough or gentle according to different situations. Generally, the following contents should be stated: (1) the patent number of the patentee and the main rights of the patent; (2) Where the product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party; (3) When do you expect the other party to give an answer? (4) If the other party does not reply, what measures can the patentee take?
2. Administrative adjudication or coordination When the facts and evidence of the infringer's infringement are fully conclusive, the patentee may report to the Patent Office and other relevant administrative departments, and after investigating and verifying the infringer's infringement, take administrative measures to impose administrative penalties. In the process of administrative adjudication, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties.
3. Bring a lawsuit to the court: After the patentee finds that the infringer has infringed his patent right, he can also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding to stop the infringement and compensate the economic losses.