The defendant in a patent infringement case should provide the following main evidence:
1. Relevant evidence to prove actual losses and patent royalties, for example, the perpetrator and the victim before and after the infringement Orders, purchase orders and other documents for comparison;
2. Relevant evidence used to prove the income from infringement, such as the amount of tax paid by the perpetrator before and after the infringement, orders and other materials.
Legal Basis
Article 66 of the Patent Law of the People's Republic of China that came into effect on June 1, 2021
Patent infringement disputes If an invention patent involves a new product manufacturing method, the unit or individual manufacturing the same product shall provide proof that its product manufacturing method is different from the patented method.
If a patent infringement dispute involves a utility model patent or a design patent, the People's Court or the department administering patent affairs may require the patentee or interested party to issue a certificate issued by the Patent Administration Department of the State Council regarding the relevant utility model or design. The patent right evaluation report produced after retrieval, analysis and evaluation shall be used as evidence for hearing and handling patent infringement disputes; the patentee, interested parties or accused infringers may also proactively issue a patent right evaluation report.
Article 67
In patent infringement disputes, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute a patent infringement dispute. Patent infringement.