Legal subjectivity:
Generally, the unauthorized use of another person’s utility model without the permission of the patentee will be deemed as infringement. In patent infringement litigation, the infringed party needs to provide sufficient evidence of infringement. In patent infringement litigation, the infringed party is usually required to provide the following evidence: 1. Prove that it enjoys the patent right or the right to license the patent (1) The patentee sues. If you belong to this group, you must submit documents proving the authenticity and validity of your patent rights, including patent certificates, claims, instructions and the latest patent annual fee payment receipt. If you are the plaintiff in a lawsuit for utility model patent infringement, you must submit a search report issued by the Patent Administration Department of the State Council. (2) An interested party sues. If you are this type of person, you should submit proof that the patent license contract was filed with the Patent Administration Department of the State Council. If it has not been filed, you must submit a certificate from the patentee or other evidence proving that you enjoy the rights. (3) The licensee who exclusively implements the license contract. This type of person can file a lawsuit in the People's Court alone, that is, if the patentee does not sue, he can file a lawsuit on his own, but he must submit evidence proving that the patentee has known that infringement has occurred and has expressly given up or not sued. 2. Prove that the defendant has committed or is about to commit patent infringement. Generally, the plaintiff should submit evidence such as the alleged infringing product and its sales invoices, comparative materials on the technical features of the patent and the alleged infringing product. 3. Prove that the amount of compensation proposed has a factual basis. This is, for example, evidence of the losses suffered by the right holder due to the infringement or evidence of the benefits gained by the infringer due to the infringement. However, in utility model infringement, the following two main types of evidence need to be provided: 1. Documentary evidence. Usually it is a notarial certificate. After the patentee discovers the infringement through market research, he usually applies to the notary office to notarize the process of purchasing the infringing product and the purchased infringing product or to conduct a notarization of the infringement site (such as promised sales) or Conduct a survey and notarization of the installation site of the infringing product and obtain a notarization certificate to prove the defendant's infringement. 2. Physical evidence. The patentee purchased the infringing product from the market. Purchased infringing products should be sealed by a notary and photographed. Before submitting it to the court, the plaintiff should ensure that the seal is intact, otherwise the defendant may raise objections during cross-examination and deny recognition of the infringing product. Finally, in utility model infringement litigation, because the issues involved are relatively professional and the infringement losses are relatively large, it is recommended that you find a professional lawyer to represent you.