1. How long does it take to file a patent lawsuit?
Normal civil proceedings last for six months in the first instance and three months in the second instance. When the utility model and design patent are infringed, the defendant will often file an application for invalidation of the patent, and the infringement lawsuit will be suspended at the same time, which may last for two years.
For the lawyer of the plaintiff and the patentee, the most important thing is to collect evidence of infringement. It is important to buy infringing products, but some infringing products are counterfeit products of others, and the manufacturers mentioned above are not necessarily real infringing manufacturers. Therefore, it is best to go directly to the manufacturer to buy products suspected of infringement, and take notarization for evidence collection when necessary, or obtain evidence of infringement by the way when performing other duties through the administrative department for industry and commerce or the technical supervision department. The most difficult thing for the plaintiff to obtain evidence is to obtain the quantity of the other party's production and sales, and he can request the court to take evidence preservation measures to obtain evidence in this respect. Obtaining the evidence of infringement and the amount of infringement is the key to the plaintiff's success.
2. What is the filing standard for the crime of counterfeiting patents?
Counterfeiting another person's patent, suspected of one of the following circumstances, shall be prosecuted:
(a) the amount of illegal business is more than two hundred thousand yuan or the amount of illegal income is more than one hundred thousand yuan;
(2) Causing direct economic losses of more than 500,000 yuan to the patentee;
(3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan;
(4) Other serious circumstances.
Article 63 of the Patent Law
Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 64 of the patent law
The administrative department for patent affairs may, when investigating and dealing with suspected patent counterfeiting according to the evidence obtained, require the relevant parties to investigate the situation related to the suspected illegal act; On-site inspection of the places where the parties are suspected of illegal acts; Consult and copy contracts, invoices, account books and other relevant materials related to suspected illegal acts; Inspect products related to suspected illegal acts, and seal up or detain products that are proved to be counterfeit patents.
When the patent administration department exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Article 216 of the Criminal Law: Whoever commits the crime of counterfeiting patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.
The criteria for filing the crime of counterfeiting patents include: first, causing economic losses of more than 500,000 yuan to the patentee; Second, if there are more than two counterfeit patents, they can file a case with the public security organ for investigation.