1, 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 comparative materials of the technical characteristics of this patent and the alleged infringing products.
3. Evidence of the amount of compensation. Prove that the amount of compensation proposed 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 losses suffered by the obligee due to infringement or the benefits gained by the infringer due to infringement are difficult to determine, the people's court may reasonably determine the amount of compensation with reference to the patent license fee.
After the evidence is collected, you can choose the following infringement solutions according to your own situation:
Consultation and reconciliation
The patentee and the accused infringer may reach a settlement agreement through self-negotiation or mediation or mediation by other third parties to resolve the dispute. 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 explained:
1, the patent number of the patentee and the main rights of the patent;
2. 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, the patentee can take measures.
Administrative adjudication or coordination
When the facts and evidence of the infringer's infringement are fully conclusive, the patentee can report to the Patent Office and other relevant administrative departments, and they will take administrative measures to investigate and verify the infringer's infringement and 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.
prosecute to court
After the patentee finds that the infringer has infringed his patent right, he 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. 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 have:
1. A patent infringement dispute case shall be under the jurisdiction of the people's court in the place where the infringement is committed or where the defendant has his domicile. Infringements include:
(1) The place where the acts of manufacturing, using, promising to sell, selling or importing products accused of infringing the patent right of inventions and utility models are carried out.
(2) the place of use of the patented process, and the place of use, promised sale, sale and import of the products directly obtained according to the patented process;
(3) the place where the acts of manufacturing, selling and importing the patented product of design occurred;
(4) the place where the act of counterfeiting others' patents is carried out;
(5) The place where the infringement result of the above-mentioned infringement occurred.
The plaintiff only brought a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of production 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 production; 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, patent ownership dispute cases, by 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.