After receiving the infringement warning letter or complaint from the patentee, the parties concerned should first take it seriously and then distinguish it carefully. If you don't do it yourself, you can reply to the explanation, but you must have corresponding evidence. If you do it yourself, you should carefully analyze whether the infringement is established.
A lawyer's letter refers to a professional legal document made and issued by a lawyer to disclose and evaluate relevant facts or legal issues, and then make a request to achieve a certain effect. There are two levels of legal relationship, one is the authorized relationship between lawyer and client, and this level is the core legal relationship. The second is the legal relationship between lawyers and clients. A lawyer's letter shall, according to the reasonable requirements of the client, give a notice to the other party or explain the reasons to the client within an appropriate scope, so that the client can make a decision.
Legal basis: Article 208th of the Interpretation of the Civil Procedure Law stipulates that if a people's court receives a civil complaint submitted by a party and meets the conditions stipulated in Articles 119 and 124 of the Civil Procedure Law, it shall file a case for registration; If it is uncertain whether the conditions for prosecution are met on the spot, it shall receive the prosecution materials and issue a written certificate indicating the date of receipt. If it is necessary to supplement relevant materials, the people's court shall promptly inform the parties concerned. After completing the relevant materials, it shall decide whether to file a case within seven days.
Article 1 19 of the Civil Procedure Law stipulates that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 124 of the Civil Procedure Law stipulates that the people's court shall handle the following prosecutions according to different situations:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.