Who should be prosecuted for patent infringement?

After finding out the basic facts of patent infringement, initially determining the amount of infringement compensation, and clarifying the defendant of infringement, the next work to be done is to write a civil complaint according to the existing evidence, facts and laws, and prepare to file a civil lawsuit. A civil complaint is a legal document in which the plaintiff in a civil action sues the defendant in a people's court, makes a civil action request and requests the people's court to make a judicial judgment.

When the patentee encounters a patent infringement dispute, he can negotiate and handle it by himself, of course, there can also be mediation by the management department, or he can bring a lawsuit directly to the court. However, in general, who can file a patent infringement lawsuit? Bian Xiao will give you a detailed answer to this question right away.

1. Who can file a patent infringement lawsuit?

According to the law, both the patentee and the interested party have the right to bring a patent infringement lawsuit to the court.

1, patentee

Refers to the natural person or legal person specified in the patent certificate. If it is a natural person, you need to provide the corresponding ID card; if it is a legal person, you need to provide the corresponding business license.

Where the patent right is obtained by transferee, not only the transferee's transfer agreement and business license should be prepared, but also the transfer registration certificate of the State Patent Office should be provided.

2. The parties

Refers to the patent transferee. Patent license can be divided into three forms: exclusive license, exclusive license and general license. Exclusive license means that the licensee can use it exclusively within a certain range, and no one else, including the obligee himself, can use it; Exclusive license means that within a certain range, only the obligee and the licensee can use it, and no one else can use it; General license refers to the right to use within a certain range, but there is no exclusive right.

Because exclusivity and exclusivity are exclusive, both of them have the right to independently file a patent infringement lawsuit with the court. When they go to court, they need to provide a patent license contract (it would be better if they have a record certificate) and the licensee's business license. Because the general license is not exclusive, the licensee of the general license has no right to decide whether to stop the infringement within the scope, so the licensee of the general license has no right to file a patent infringement lawsuit alone.

2. Who can be the defendant?

Before filing a patent infringement lawsuit, it is necessary to find out who the infringer is in time and accurately, that is, the manufacturer, seller and supplier of infringing products, the direct seller or user of infringing products, and the promised seller and importer of infringing products.

For the confirmation of infringement and infringer, evidence can be obtained through notarization purchase, which can maximize the preservation and proof effect of evidence. Once the infringer is determined, the defendant can be further selected as the counterpart of the prosecution.

Any infringer can become a defendant, either by choosing an independent or major infringer as the defendant or by choosing multiple infringers who meet the legal requirements as co-defendants.

In practice, who can file a patent infringement lawsuit? In fact, who can be the plaintiff in patent infringement litigation? It is necessary to determine not only the plaintiff but also the defendant, otherwise the court will not accept it. In patent infringement litigation, there are many matters that need the attention of the parties. At this time, you may wish to entrust a professional lawyer to help you.