Legal analysis: 1. Negotiation and settlement: Both the patentee and the accused infringer can reach a settlement agreement through self-negotiation or mediation by other third parties to solve the dispute. Generally, an infringement warning letter can be sent to the infringer when the negotiation intention is put forward. This is not stipulated in China's patent law, but it is often used in real life, and it often plays a good role. The writing of the infringement warning letter can be tough or mild according to different situations. Generally, the following contents should be stated: (1) the patent number of the patentee and the main rights of the patent; (2) The product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party; (3) When do you expect the other party to give a reply? (4) What measures the patentee may take if the other party does not reply.
2. Administrative adjudication or coordination The patentee can report to the Patent Office and other relevant administrative departments when the facts and evidence of the infringer's infringement are fully conclusive, and they will take administrative measures to make administrative punishment after investigating and verifying the infringer's infringement. In the process of administrative adjudication, the relevant patent administrative department may mediate the civil liability of patent infringement based on the application of the relevant parties.
3. bring a lawsuit to the court: after discovering that the infringer has infringed his patent right, the patentee can also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding that the infringement be stopped and economic losses be compensated. At the same time, it has the right to apply for litigation preservation of the infringer's infringement facts and evidence, and apply for a court injunction to prohibit the infringer from continuing the infringement. In order to ensure the effective implementation of economic compensation, the patentee may apply to the accepting court for litigation preservation of the equal amount of property of the infringer while suing.
legal basis: article 165 of the civil code of the people's Republic of China
if an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. If the actor is presumed to be at fault according to the law, and he cannot prove that he is not at fault, he shall bear tort liability.
article 166 where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, the law stipulates that he should bear tort liability, such provisions shall prevail.
article 167 where an infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.