What if a patent dispute is sued?
1. Go to the patent office or entrust an agency to obtain the patent documents of the other party, and ask an agent or lawyer to compare your products with the claims or design pictures in the patent documents to judge the possibility of infringement. 2. After judging that your product is suspected of infringing the patent right of others, you should search the patent of the other party for invalidation, collect the same or similar technology before the application date of the other party's patent, request the Patent Reexamination Board to declare the patent right invalid, and request the court to suspend the trial until the Patent Reexamination Board makes a reexamination decision; If the relevant evidence you receive is obviously unfavorable to you, you should take necessary measures in time to stop continuing to produce and sell the product. 3. Conduct technical research on patented technology, develop products with more advanced technology and better technical effect, apply for patents in time, obtain the right to use patents through cross-licensing, learn lessons, and open products with independent intellectual property rights. It can be summarized in two ways: one is that the two sides negotiate and solve it by themselves. If negotiation fails or you are unwilling to negotiate, you can take the second way and request the local patent management department to handle it. If the patent administrative department considers 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 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. The patent administrative department may, at the request of the parties concerned, 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. Before bringing a lawsuit, evidence preservation and property preservation measures should be taken when necessary.