How to deal with infringing patents?

After patent infringement, there are usually three solutions. 1. settlement through negotiation: the patentee and the alleged infringer can reach a settlement agreement through self-negotiation or mediation by other third parties to resolve the dispute. Generally, a warning letter of infringement can be sent to the infringer when the negotiation intention is put forward, but the warning letter has a deterrent effect and is not legally binding. 2. Administrative investigation: The patentee can report to the Patent Office and other relevant administrative departments when he has the preliminary evidence, and they will take administrative measures to investigate and verify the infringer's infringement and determine whether it is infringement. In the process of administrative investigation, 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: The patentee may 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.

Legal basis:

patent law of the people's republic of china

Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.

Article 63 If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.

Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds 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 in accordance with the Administrative Procedure Law of the People's Republic of China 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. At the request of the parties concerned, the administrative department for patent affairs may 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 of People's Republic of China (PRC).