1. What should I do if the patent is infringed?
First, collect evidence of the other party's infringement, such as purchase or notarization. When collecting evidence, pay attention to keeping the original invoices and commodity details of infringing products. When necessary, collect evidence under the supervision of the notary office, and seal the copies for presentation in court.
Second, in the case of confirming the infringement of the other party, you can send a lawyer's letter to ask the other party to stop the infringement and make some compensation. If the other party ignores it, it can bring a lawsuit directly to the court or complain to the local intellectual property management authority.
Third, the court will make a ruling to stop the infringement from the source by filing an infringement lawsuit.
It should be noted that both the lawyer's letter and the complaint should be written by professional lawyers, so as to avoid unnecessary troubles caused by unclear facts and improper application of the law and delay the process of safeguarding rights.
Second, what is product patent infringement?
How to calculate patent infringement needs to be understood from the following three aspects, which can also be said to be a three-step method.
1. Determine the corresponding technical characteristics of the alleged infringing products. That is, according to the necessary technical characteristics recorded in the claim, the technical characteristics of the accused infringing product are decomposed accordingly.
2, determine the scope of protection of the patent right. That is, first of all, it is necessary to clarify what the patentee requests to protect. According to the provisions of Article 59 of the Patent Law, the scope of protection of the patent right for invention or utility model shall be subject to the contents of its claims. Therefore, the claim is the only basis for us to determine the scope of patent protection.
3. Compare the necessary technical features recorded in the decomposed claim with those of the accused infringing product.
If we go through the above three steps, the technical features of the infringing products fully meet the scope of patent protection. It is also necessary to confirm whether there is infringement as stipulated in the patent law. Take the invention patent as an example, any act of selling, promising to sell, manufacturing, importing or using an infringing product without the permission of the patentee is a patent infringement.
Third, the types of patent infringement.
1, manufacturing patented products without permission;
2. Intentionally using the patented product of invention or utility model;
3. Selling or promising to sell patented products without permission;
4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained by patented methods;
6. The act of counterfeiting others' patents;
7. The act of counterfeiting patents.
The above is a detailed introduction of how to do patent infringement. Patent infringement, as the patentee, can collect the evidence of the other party's infringement to protect rights according to law, and can bring a lawsuit to the people's court when protecting rights. If you have any legal problems, please consult a professional lawyer, and we will serve you wholeheartedly.