Second, the patent infringement lawsuit refers to a way for the patentee or close related person to file a lawsuit in a court with jurisdiction after mastering certain evidence when the patent right of the patentee or close related person is infringed by others, so as to safeguard their own rights and interests.
After the patent for invention and utility model is granted, unless otherwise provided by law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for the purpose of production and operation.
Third, the role of litigation.
It is an important way for the obligee to file a patent infringement lawsuit with the court to effectively crack down on patent infringement and safeguard rights. Compared with the administrative complaint submitted to the Intellectual Property Office, it has the following characteristics:
First, you can claim for compensation and effectively make up for the loss. In administrative treatment, the Intellectual Property Office can only impose administrative punishment on the infringer, but can't give compensation. The court may judge the infringer to compensate the obligee for the loss according to the litigation request and infringement evidence submitted by the obligee.
Two, the judgment or ruling is final. If a party refuses to accept the administrative ruling made by the Intellectual Property Office, it may bring an administrative reconsideration or an administrative lawsuit, and the judgment or ruling after the first and second trial procedures of the court shall be final.