1, confirm the existence of infringement facts, and analyze the reliability of your own patent.
Be serious about the subject matter of infringement. Seriously investigate and collect evidence to determine the existence of infringement facts. At the same time, we should carefully determine whether our patent right may be declared invalid.
2, find out the specific circumstances of the infringement and the degree of loss.
That is, to find out the degree of infringement of the infringer, including the scale of production. Usage. Sales channels. Sales quantity. Price. On this basis, calculate the amount of economic losses and the unit, name and address of the infringer.
Step 3 decide on countermeasures
According to different specific conditions, combined with their own reality, take corresponding countermeasures:
(1) If it has the implementation ability or has already implemented it, and wants to continue monopolizing the market, it should take measures to resolutely stop the infringement, and resolutely demand compensation according to the economic and technological losses calculated by conclusive evidence;
(2) If you don't have the ability to implement it, or you can implement it yourself, but you still want others to pay, you can make up the license contract through legal procedures and turn the infringement into a license implementation agreement.
4. Concrete steps that can be taken:
(1) I or my agent shall directly negotiate with the infringer and solve the problem through negotiation without harming their own rights and interests;
(2) If the agreement fails and it is really necessary, you may request the patent administration organ for mediation;
(3) Anyone who refuses to accept the decision of the patent administration organ may bring a lawsuit to the people's court within a limited time limit.
Legal basis: Article 17 of the Patent Law of People's Republic of China (PRC), an inventor or designer has the right to state in the patent documents that he is an inventor or designer.