1. Bring a lawsuit to the people's court (provided that the patent right is excellent, the infringement evidence is complete, the infringement situation is serious or the infringement loss is serious);
2. Submit the case to the patent administration organ for administrative mediation (the obligee has mastered the preliminary evidence, and the infringement scale is not large or the loss is not serious);
3. Send a warning letter to the infringer (the obligee has mastered the preliminary evidence, and the infringement scale is not large or the loss is not serious). The evidence that the patentee needs to collect is roughly as follows:
First, the evidence about the infringer. As the saying goes, know yourself and know yourself. Therefore, the exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer are all things that the patentee should know first. It is very important for the patentee to know what strategies to take to deal with patent infringement.
Second, the evidence about the infringement facts. The premise of patent infringement is that there must be infringement. Therefore, in the process of dealing with infringement, it is very important to prove that the infringer has indeed carried out the act of infringing the patent right. These evidences include physical objects, photos, product catalogues, sales invoices, purchase and sale contracts, etc.
3. Evidence about damages. The patentee may claim damages from the infringer. The amount of compensation claimed may be the loss suffered by the patentee. However, the patentee shall provide evidence to prove that the sales volume of his patented product has decreased, or the sales price has decreased, and other expenses have been overpaid or underpaid. The amount of compensation claimed can also be the profits obtained by the infringer due to the infringement. The patentee shall provide evidence to prove the infringer's sales volume, sales time, sales price, sales cost and sales profit, etc. On this basis, the profits of the infringer are calculated. The amount of compensation requested may also be no less than the patent license fee for the patent license transaction between the patentee and the third party. To this end, the patentee should provide a patent license agreement with a third party that has been effectively fulfilled. Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee.