How to deal with patent infringement

After a patent is infringed, there are generally four different ways to deal with it. The following is a detailed introduction:

First, solve it through independent consultation. In the event of a patent dispute, the infringed and the infringer can take the initiative to sit down and talk, discuss the solution and reach a settlement agreement.

Second, mediation. If both parties cannot reach an agreement through independent consultation, they can seek the assistance of a third-party neutral institution to resolve the dispute through mediation and avoid further escalation of the contradiction.

Third, judicial channels. Once the patentee finds that his patent right has been infringed, he has the right to bring a civil lawsuit to the people's court with jurisdiction, demanding that the infringer stop the infringement and compensate the corresponding economic losses.

Fourth, administrative means. The patentee can also choose to report the infringement to the Patent Office and other relevant administrative departments, which will investigate the infringement according to law and take corresponding administrative punishment measures according to the investigation results.

Legal basis:

Article 74 The limitation of action is three years, counting from the date when the patentee or interested party knows or should know about the infringing act and infringer.

If the patentee fails to pay an appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is three years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.

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How to deal with patent infringement ",I hope it will help you.