What is patent litigation? What are the skills to deal with patent litigation?

What is patent litigation? Patent litigation refers to all kinds of litigation involving patent rights and related rights and interests conducted by the parties and other litigants in the people's court. Patent litigation is divided into narrow sense and broad sense. Patent litigation in a narrow sense refers to the litigation activities related to the patent right after it is granted. Patent litigation in a broad sense can also include litigation involving the ownership of the right to apply in the patent application stage, litigation triggered by patent technology licensing, and litigation to determine the identity of the inventor. Let's talk about the skills of dealing with patent litigation. What is patent litigation? What are the skills to deal with patent litigation? 1. For highly technical patent litigation, it is very important to study, analyze and thoroughly understand patent technology and related technologies. Patent litigation requires lawyers to understand not only the legal provisions and relevant provisions, but also the patented technology. If you don't know the law, you can't fight a lawsuit, and if you don't know the technology, you can't be competent for patent litigation. You can't just solve the related problems of patent litigation from the legal provisions, especially in determining whether a technology constitutes infringement, whether it belongs to known technology, whether it belongs to obvious technology, etc. , need to have certain technical knowledge. It is difficult to be competent in patent litigation without delving into patent technology. 2. Collecting valid evidence For the lawyer of the plaintiff patentee, the most important thing is to collect evidence of infringement. It is important to buy infringing products, but some infringing products are counterfeit products of others, and the manufacturers written on them are not necessarily the real infringing manufacturers. Therefore, it is best to go directly to the manufacturer to buy products suspected of infringement, and take notarization for evidence collection when necessary, or obtain evidence of infringement by the way when performing other duties through the administrative department for industry and commerce or the technical supervision department. The most difficult thing for the plaintiff to obtain evidence is to obtain the quantity of the other party's production and sales, and he can request the court to take evidence preservation measures to obtain evidence in this respect. Obtaining the evidence of infringement and the amount of infringement is the key to the plaintiff's success. For the defendant, the key is to collect all the evidence that can invalidate the plaintiff's patent, including patent documents, sales invoices, product advertisements, public use certificates, etc. Although the product invoice can be used as evidence to prove that others' patents are invalid, sometimes it is not enough to rely solely on the invoice, because the invoice does not specifically describe the shape or technical characteristics of the product. The defendant may take the initiative in the lawsuit by finding enough evidence to pose a threat to the plaintiff's patent, or finding effective evidence to prove that he used freely known technology first, which is one of the keys to winning the case. 3. Skillful use of legal procedures For the defendant, the most common thing is to counterclaim that the patent of the other party is invalid, in order to gain time to seek other defense methods. For the plaintiff, before the lawsuit, it is best to start the invalidation procedure for his own patent, let the patent pass the test of a real trial, and then sue others for infringement. Or, before filing a lawsuit, go to the patent administrative department of the State Council to search the attributes of your own patent and issue a corresponding search report. This can avoid a lot of troubles caused by the defendant using invalid procedures. There are many legal procedures that can be applied in patent litigation, but the premise is that you must understand the basic procedures such as patent application, approval and invalidation, so that you can use them freely in litigation. What is patent litigation? What are the skills to deal with patent litigation? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.