How to obtain evidence of patent right?
When an enterprise's patented technology is infringed, it is particularly important to obtain evidence of the infringement facts. The way of obtaining evidence of patent infringement is as follows: 1. Take evidence by yourself and entrust a lawyer to investigate and collect evidence. Because the parties have a better understanding of their rights, product characteristics, technical characteristics and industry scope, it is very targeted to obtain evidence by themselves. Lawyers' investigation and evidence collection is more professional and wider than that of clients. 2. Apply to the notary office for evidence preservation. Article 69 of the Civil Procedure Law stipulates that legal facts and documents have been notarized through legal procedures, except that there is evidence to the contrary that can overturn the notarization. Notarized evidence has the effect of being presumed to be true. The evidence preservation effect of notary organs is the same as that of courts ex officio. 3. Apply to the court for evidence preservation before litigation, and apply to the court for evidence collection during litigation. 4. Apply to the administrative organ for evidence collection. 5. Take the relevant materials investigated by the investigation organ as evidence. The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts. Article 72 of the Patent Law of People's Republic of China (PRC), 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 measures of property preservation, ordering the implementation of certain acts or prohibiting certain acts according to law before bringing a lawsuit.