How to obtain evidence of patent infringement

Legal subjectivity:

Evidence of patent infringement can be collected as follows: evidence of infringer's situation, evidence of infringement facts and evidence of damages. In order to stop patent infringement, the patentee or interested party may apply to the people's court for evidence preservation before prosecution in the case that the evidence may be lost or difficult to obtain later.

Legal objectivity:

Article 73 of the Patent Law In order to stop patent infringement, the patentee or interested party may apply to the people's court for evidence preservation in accordance with the law under the circumstances that the evidence may be lost or difficult to obtain later before prosecution. Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.