First of all, we must judge whether our products are within the scope of patent protection. Secondly, if the product really belongs to the scope of patent protection, it is necessary to judge whether the patent right is stable. If the patent does not meet the conditions for granting a patent after retrieval and analysis, it may file an invalid procedure with the Patent Office. Finally, if the patent right is stable, the product belongs to the scope of protection, and the defendant has no subjective intention of infringement, he should provide evidence such as legal source and prior use to prove that he has no subjective intention. Article 70 of China's Patent Law stipulates that anyone who uses, promises to sell or sells an infringing patented product for production and business purposes without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation. Article 59 of People's Republic of China (PRC) Patent Law, Article 60 of People's Republic of China (PRC) Patent Law and Article 70 of People's Republic of China (PRC) Patent Law.
Legal objectivity:
Article 57 of the Trademark Law of People's Republic of China (PRC) commits any of the following acts, which are all violations of the exclusive right to use a registered trademark: (1) using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others. Article 60 of the Trademark Law of People's Republic of China (PRC) commits one of the acts listed in Article 57 of this Law, infringing on the exclusive right to use a registered trademark and causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier. If there is any dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce for mediation, or bring a suit in a people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). After mediation by the administrative department for industry and commerce, if both parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).