Does counterfeiting patented products constitute infringement? What about being sued for patent infringement?

After patent infringement, there are generally three solutions. However, no matter which way you choose, the first thing to do is to collect evidence of patent infringement. Only by doing this step well can the following measures take the initiative, otherwise, the following work cannot be carried out. Evidence to be collected when solving patent infringement includes: 1, and evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license. 2. There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, and the technical characteristics comparison materials between this patent and the alleged infringing products. 3. Evidence of the amount of compensation. Prove that the amount of compensation proposed by him is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the loss suffered by the obligee due to infringement or the benefit gained by the infringer due to infringement is difficult to determine, the people's court may reasonably determine the amount of compensation by referring to the multiple of the patent license fee; If there is no reference to the patent license fee or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors. The above compensation amount may include reasonable expenses paid for investigating and stopping the infringement. After the evidence is collected, you can choose the following ways to solve the infringement problem according to your own situation: 1. Negotiation settlement: The patentee and the accused infringer can reach a settlement agreement by themselves, or they can settle the dispute through mediation and mediation by other third parties. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward. This is not stipulated in China's patent law, but it is often used in real life and often plays a very good role. The writing of infringement warning letter can be tough or gentle 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) Where 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 an answer? (4) If the other party does not reply, what measures can the patentee take? 2. Administrative adjudication or coordination When the facts and evidence of the infringer's infringement are fully conclusive, the patentee may report to the Patent Office and other relevant administrative departments, and after investigating and verifying the infringer's infringement, take administrative measures to impose administrative penalties. In the process of administrative adjudication, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties. 3. Bring a lawsuit to the court: After the patentee finds that the infringer has infringed his patent right, he 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 to stop the infringement and compensate the economic losses. 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 to infringe. In order to ensure the effective implementation of economic compensation, the patentee may apply to the accepting court for litigation to preserve the property of the infringer with the same amount while suing. When bringing a lawsuit to a court, the court that chooses to bring a lawsuit may include: (1) The patent infringement dispute case is under the jurisdiction of the people's court in the place where the infringement is committed or where the defendant is domiciled. Infringement places include: a. manufacturing, use, offer for sale, sale and import places of products accused of infringing the patent right of inventions and utility models; B the place where the patented process is used, and the place where the products directly obtained according to the patented process are used, offered for sale, sold and imported; The place where the act of manufacturing, selling and importing the patented product of design occurs; D. the place where counterfeiting others' patents is carried out; E. the place where the infringement result of the above-mentioned infringement occurs. (2) The plaintiff only brought a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of manufacture of the infringing product is inconsistent with the place of sale, it shall be under the jurisdiction of the people's court of the place of manufacture; Where the producer and the seller are sued by the same defendant, they shall be under the jurisdiction of the people's court at the place of sale; The seller is a branch of the manufacturer, and if the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale. (3) The patent ownership dispute case shall be under the jurisdiction of the people's court of the defendant's domicile. (4) Patent contract dispute cases shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the subject matter are located, but they shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction. If you don't have the experience or ability to do the above work, I suggest you entrust a lawyer and other professionals to handle it on your behalf, otherwise you will easily fall into a passive position. Because dealing with patent infringement is professional and procedural after all.