(1) shall be settled by both parties through consultation;
(two) unwilling to negotiate or fail to negotiate, the patentee or interested party may bring a lawsuit to the people's court;
(3) You can also request the department in charge of patent work to handle it.
Remedial measures for patent infringement are:
(1) Stop the infringement. China's Civil Code stipulates that if the infringement endangers the property safety of others, the infringed has the right to request the infringer to bear the tort liability such as stopping the infringement; China's patent law also stipulates that the patentee or interested party may bring a lawsuit to the people's court or request the department in charge of patent work to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately.
(2) Compensation for losses. China's patent law stipulates that the department in charge of patent work can mediate the amount of compensation for patent infringement at the request of the parties; If mediation fails, the parties may bring a lawsuit to the people's court. The amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. In addition, China's civil code also stipulates the punitive compensation system for intellectual property infringement.
(3) Compensation for reasonable expenses. According to the provisions of China's patent law, the right holder can also claim compensation from the infringer, including the reasonable expenses paid by the right holder to stop the infringement and bring a lawsuit.
(4) Apply for preservation and injunction. If the patentee or interested party has evidence to prove that others are committing or will commit acts that infringe the patent right and hinder the realization of their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for taking measures of property preservation, ordering the implementation of certain acts or prohibiting certain acts according to law before prosecution. In order to stop patent infringement, the patentee or interested party may also apply to the people's court for evidence preservation in accordance with the law before prosecution, under the condition that the evidence may be lost or difficult to obtain later.