Patent right is an exclusive right. Its essence lies in that, unless otherwise provided by law, no unit or individual may use the patented invention without the consent of the patentee himself, otherwise it will constitute infringement of the patent right.
The solution to patent imitation by others is as follows:
1. Both the patentee and the accused infringer can reach a settlement agreement through consultation or other third-party mediation to resolve the dispute.
2. In the administrative investigation, the patentee may report to the Patent Office and other relevant administrative departments after obtaining preliminary evidence;
3. When the patentee brings a lawsuit to the court, he can 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.
When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately.
Legal basis:
patent law of the people's republic of china
Article 66
Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.