How to deal with invention patent infringement and how to protect rights as soon as possible? The ways of safeguarding rights are as follows: 1. Administrative rights protection mediates patent disputes through patent management institutions. Compared with litigation, the procedure is simple and flexible. Moreover, the patent management agency has a group of law enforcement officers with strong professional knowledge and familiarity with the law, which is directly and quickly handled, which is conducive to the settlement of disputes as soon as possible. In order to delay the time, some infringers casually find a reason to request the patent office to revoke the patent right, or request the patent reexamination board to declare it invalid. At this time, the people's court must suspend the trial of the case and wait for the result of the patent office or the reexamination board. Therefore, cases sometimes drag on for several years, and the products have changed from best-selling to unsalable. However, as the patent administration organ, after analyzing the evidence submitted by the claimant, if the evidence is insufficient, it may not suspend the trial. Therefore, it is more advantageous to handle the patent infringement disputes of utility model and design by administrative means. Of course, after mediation by the patent administration authorities, if the parties are not satisfied, they can also bring a lawsuit to the people's court. 2, the right to bring a lawsuit to the people's court, through litigation is the general way to solve civil disputes, its advantage is that the judgment of the people's court, mediation has direct enforcement effect. However, there are some noticeable problems in solving patent disputes through litigation. For example, patent infringement disputes often involve professional and technical issues, and the court should ask experts for consultation and appraisal. Therefore, the litigation time is often too long and the parties are exhausted, which is not conducive to the implementation and utilization of patented technology and its transformation into productivity as soon as possible. Rights protection mode 1. To collect evidence and verify whether a patent right has been infringed by others, we must first find out whether there are facts that have constituted infringement, and these facts are completely proved by evidence. Therefore, it is very important to collect relevant evidence in a timely and comprehensive manner. The evidence is mainly physical evidence and documentary evidence. Physical evidence-mainly infringing products. Infringed products are very important evidence and it is not difficult to obtain them. Documentary evidence-generally includes two parts: one is to prove that the patentee owns the patent right, such as patent certificate, patent application document, patent license or patent transfer contract; Secondly, it proves that the infringer has committed an infringement, such as an order contract or transfer contract between the infringer and others, sales invoices or sales product specifications, technical comparison documents, etc. 2. Infringement warning: If it is found that the infringement is established by collecting evidence and checking the facts, an infringement warning can be issued to the infringer before filing a patent lawsuit. Infringement warning should generally include the following contents: (1) the patent number of the patentee and the main rights of the patent; (2) Where the product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party; (3) When do you expect the other party to give an answer? (4) If the other party does not reply, what measures can the patentee take? 3. Timing of prosecution In practice, the patentee or interested party often files an infringement lawsuit as soon as it finds an infringement, and in the lawsuit, it is often because of insufficient evidence, or that one's patent is not patentable, or that the other party does not infringe at all, resulting in passive or even greater losses. Therefore, the prosecution must be cautious and choose a good time. According to the patent law, the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement. As long as the patentee brings a lawsuit within the two-year statute of limitations, it is not always as early as possible. In many cases, the appearance of patented products does not affect the economic interests of the patentee. At this point, the patentee need not rush to file a lawsuit, but should make full preparations before the lawsuit. Only when the patented product is monopolized by the patentee or interested party, and the market demand is not large or the product is seasonal, it is necessary to sue in time. The above is the legal knowledge about "invention patent infringement" summarized by Bian Xiao. If the patentee is absolutely sure of winning the case, but he is worried that the infringer will change his production, change his profession, destroy evidence or hide property because of filing a lawsuit, he may apply for preservation measures at the same time as filing a lawsuit, so as to facilitate the execution of the judgment after the case is concluded. If your situation is complicated, you are welcome to consult a lawyer on this website.
Legal objectivity:
patent law of the people's republic of china
Article 65
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).