Steps of safeguarding rights in patent infringement cases

Legal analysis: (1) Disputes arising from patent infringement shall be settled by the parties through consultation; (two) unwilling to negotiate or fail to negotiate, the patentee or interested party may bring a lawsuit to the people's court; (three) unwilling to negotiate or fail to negotiate, the patentee or interested party may also request the administrative department for patent affairs to handle it. The administrative department for patent work refers to the administrative department for patent work established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload and strong practical handling capacity; (four) at the request of the parties concerned, the department dealing with 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.

Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties 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).