First, the way of patent protection:
1. Self-settlement: Both parties reached a settlement agreement on the basis of equal consultation.
2. Apply to the Patent Administration for mediation, and rely on administrative means to order the infringer to stop the infringement and impose penalties.
3. Bring a lawsuit to the court to ask the infringer to stop the infringement and compensate the economic losses caused by the infringement.
Second, the comparison of various ways:
1. Self-reconciliation: Resolving disputes quickly and amicably can leave room for continued cooperation and save manpower, material resources and financial resources.
2. Apply to the patent administration organ for mediation. The scope of mediation includes: patent royalties disputes, patent incentive fees disputes, patent application rights disputes, patent ownership disputes, patent contract disputes, patent infringement disputes, etc. Its advantages are simple procedure and quick processing.
3. Bring a lawsuit to the court: it can effectively crack down on competitors, consolidate the dominant market position, and get a sum of compensation from the infringer. The judgment or conciliation statement of the people's court has legal effect, and its execution is guaranteed by the compulsory force of the state.
Three. Procedures and restrictions:
1. Apply to the Patent Administration for mediation: No need, the parties may bring a lawsuit directly to the people's court without administrative mediation. However, the decision of the patent administration authority has to go through judicial review, and the dissatisfied party can also bring an administrative lawsuit to the court, and the administrative lawsuit has to go through two trials, so it is difficult to implement it across provinces.
2. Bring a lawsuit to the court: compare and analyze the technology of the suspected infringer with his own patented technology to determine whether the patent infringement is established; Investigate the scope or degree of infringement, and prepare the complaint and relevant evidence; Filing a case in a court with jurisdiction; After the hearing, wait for the court's ruling or judgment to take effect; Apply for enforcement. The limitation of action is three years, counting from the date when the patentee or interested party knows or should know about the infringement.
According to the above contents, there are three ways to protect patent rights: self-reconciliation, application for mediation to the Patent Administration, and prosecution of infringers to stop infringement and compensation. The three ways of safeguarding rights have their own advantages and disadvantages, and the required procedures and time limits are not the same. You can choose the most appropriate way to defend your rights according to your own case, so as to solve the problem as soon as possible.
The above is the relevant content summarized by Bian Xiao. If you still have relevant legal advice or other things you don't understand, you can call an online lawyer to answer. The expertise of a lawyer can help you.