1. Both parties shall settle it through negotiation;
2. If the parties to a patent dispute are unwilling to negotiate or fail to negotiate, the patentee or interested party may bring a lawsuit to the people's court;
3. Request the mediation of the department in charge of patent work.
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).
The methods to solve the patent dispute infringement are:
(1) It is a civil dispute for the parties to settle the patent infringement dispute through consultation, which should be settled by the parties themselves, which is conducive to calming the dispute and resolving contradictions;
(2) Administrative handling, in which patent infringement disputes are handled by the patent administration department, which is an important way to realize patent protection;
(3) Judicial settlement means that the judicial organs give the patentee necessary judicial relief in order to effectively punish the infringement of patent rights, maintain market order;
(4) Pre-litigation interim measures refer to the measures taken to stop the infringement that is being or will be implemented before the litigation begins.
What are the evidences of patent disputes?
1, evidence about the infringer;
2. Evidence of infringement facts;
3. Evidence about damages.
Legal basis:
Article 60 of the Patent Law of People's Republic of China (PRC) * * * if a patent is exploited without the permission of the patentee, it is an infringement of his patent right, and the disputes arising therefrom shall be settled by the parties through consultation. If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may bring a lawsuit to the court or request the patent administration department to handle it.