How to sue for patent infringement?

The way to sue for patent infringement: first, the parties should confirm whether their patent rights are in the legal and effective existence stage. Secondly, the parties should collect the basic information of the defendant, evidence of infringement and other related materials. Finally, according to the collected materials, draft a complaint and submit it to the people's court with jurisdiction.

legal ground

Article 65 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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).