What does the patent infringement search report include?

1. What does the patent infringement search report include? (1) The technical scheme needs to be defined. It is necessary to make a preliminary summary of the technical scheme of the product according to the existing data, and make a simple analysis and classification of the technical field and product category of the product. (2) Search for related patents. According to the technical field and category of products, the patent data is retrieved by using the existing database system and according to the constructed retrieval formula, and the retrieval results are obtained. (3) Analyze the legal status of the retrieved target patent. Through investigation and analysis, we can judge the validity, invalidity, termination and other rights of the target patent, and give relevant basis, so as to find out the patent that is still in the valid state for subsequent infringement analysis. (4) Analyze the technical features in the product technical scheme by the method of patent writing or analysis, and list all the technical features contained in the technical scheme for further analysis. (5) Analyze the patent infringement of this product. Find out the technical features in the effective patent claim, and judge whether the technical scheme of the product falls within the protection scope of the patent claim to be analyzed according to the principle of comprehensive coverage. 2. What rights does the patentee have? (1) patent right. The implementation of the invention or utility model patent in the sense of patent law includes five acts: manufacturing, using, promising to sell, selling and importing. For product patents, the patentee can manufacture, use, promise to sell, sell and import its patented products; For a method patent, you can use its patented method and use, promise to sell, sell or import products directly obtained according to the patented method; For design patents, there are three behaviors: manufacturing, selling and importing. (2) The right to allow other units and individuals to exploit their patents is called "license" in the patent law. Through the licensing contract, the licensee did not obtain the patent right, but only obtained the patent exploitation right, that is, the right to manufacture, use, sell and import patented products or use patented methods for production and business purposes. The license must conclude a written contract, and the licensee must pay the royalties to the patentee. (3) the right to prohibit other units or individuals from exploiting their patents. After the patent right is granted, the patentee has the right to prohibit any unit or individual from exploiting the patent, except as otherwise provided by law. This right embodies the exclusiveness of patent right and is the most important aspect of patent right. (4) the right to request protection. When the patent right is infringed, the patentee has the right to request the patent management authority to deal with it, or bring a lawsuit directly to the people's court. The patent administration authority has the right to order the infringer to stop the infringement and compensate for the losses. If a party refuses to accept the decision of the Patent Office, he may bring a suit in a people's court within three months from the date of receiving the notice. If the party concerned neither brings a suit nor executes it within three months, the patent administration authority may request the people's court for compulsory execution. The patentee or its interested parties may also bring a lawsuit directly to the people's court without going through the patent administration authority, requesting the court to protect their patent rights. (5) the right of patent transfer. (6) the right to give up its patent. Giving up is also a way to dispose of patent rights. Waiver can be done by submitting a written application to the Patent Office or not paying an annual fee. (seven) the right to indicate the patent mark and patent number on the patented product or the packaging of the product. The patent mark can be "China Patent" or similar words. The patent number is the serial number given by the Patent Office when granting the patent right. According to the Patent Law, if others infringe on the patentee's rights, pass off others' patents, or pass off non-patented products or patented methods as patented products or patented methods, the patentee may request the patent management authority to deal with them, or bring a lawsuit directly to the people's court. Patent search report or patent infringement search report is actually a written report that the staff of the State Patent Office need to submit after judging and analyzing the case. The contents of the patent infringement search report should be combined with the patent infringement. For the infringed, this search report was not submitted by himself. In a word, the content of patent infringement retrieval report is more complicated.