Solutions to patent disputes

The ways to deal with patent disputes are: negotiation, litigation, and punishment by the patent administration department. Where a dispute arises from the exploitation of a patent without the permission of the patentee, that is, infringement of the patent right, it shall be settled by the parties through consultation. The parties to a patent dispute may also request the administrative department for patent affairs to handle it. If the parties to a patent dispute are unwilling to negotiate or fail to negotiate, the patentee or interested party may bring a lawsuit to the people's court.

How to identify patent infringement?

1, manufacturing patented products without permission;

2. Intentionally using the patented product of invention or utility model;

3. Selling or promising to sell patented products without permission;

4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;

5. The act of importing patented products or products directly obtained by patented methods;

6. The act of counterfeiting others' patents;

7. The act of counterfeiting patents.

What are the responsibilities of patent infringement?

administrative responsibility

For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.

(2) Civil liability

1, stop the infringement.

2. compensate for the losses.

The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee.

3. Eliminate the impact.

When the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringing act to eliminate the adverse influence on the patented product.

(3) Criminal responsibility

If the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 65 of the Patent Law of People's Republic of China (PRC)

If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties 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. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, 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).