Can I apply for property preservation in patent infringement disputes?

Legal analysis: According to clear regulations, the scope of protection of invention patent right shall be subject to the content of its claim. Therefore, the patent claim is the only basis for determining the scope of patent protection, and the court also finds infringement accordingly. In practice, in order to facilitate comparison, the court usually decomposes an independent claim into several relatively independent necessary technical features, and then interprets this claim. Legal documents used to interpret claims are considered as patent specifications and drawings. In addition, patent documents are also considered as important reference documents for interpreting claims. If there is a patent infringement dispute, it is not difficult for the infringed to apply to the people's court for property preservation, but to preserve the property, the applicant needs to provide relevant property clues.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 101 If an interested party fails to apply for preservation immediately due to an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court where the property to be preserved is located, where the respondent has his domicile or has jurisdiction for preservation measures before bringing a lawsuit or applying for arbitration. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected. After accepting the application, the people's court must make a ruling within 48 hours; Those ordered to take protective measures shall be executed immediately. If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation.

Article 102 Preservation is limited to the scope of the claim or the property related to the case.