1. Bring a lawsuit to the people's court (provided that the patent right is excellent, the infringement evidence is complete, the infringement situation is serious or the infringement loss is serious);
2. Submit the case to the patent administration organ for administrative mediation (the obligee has mastered the preliminary evidence, and the infringement scale is not large or the loss is not serious);
3. Send a warning letter to the infringer (the obligee has mastered the preliminary evidence, and the infringement scale is not large or the loss is not serious).
Two, infringement of patent rights, in our country will bear three responsibilities:
1, civil liability, civil liability is mainly reflected in compensation, and the standard of compensation is generally infringement income.
2, administrative responsibility, administrative patent infringement is relatively small, unlike infringement of trademark rights will be fined, enterprises do not care about this.
3, criminal punishment, infringement of patent rights constitutes a crime, will be sentenced to fixed-term imprisonment.
Extended data:
When the patentee or interested party finds that his patent right has been infringed, he shall take the following measures:
1. Confirm the existence of infringement facts and analyze the reliability of your own patents. Conduct careful investigation and evidence collection on the infringing subject matter to determine the existence of infringing facts. At the same time, we should carefully determine whether our patent right may be declared invalid.
2. Find out the specific situation of infringement and the degree of loss, that is, find out the degree of infringement of the infringer, including production scale, usage, sales channels, sales quantity, price, etc., and calculate the amount of economic loss accordingly, as well as the unit, name and address of the infringer.
3. Decide countermeasures According to different specific conditions and combined with their own reality, take corresponding countermeasures:
(1) If it has the implementation ability or has already implemented it, and wants to continue monopolizing the market, it should take measures to resolutely stop the infringement, and resolutely demand compensation according to the economic and technological losses calculated by conclusive evidence;
(2) If you don't have the ability to implement it, or you can implement it yourself, but you still want others to pay, you can make up the license contract through legal procedures and turn the infringement into a license implementation agreement.
4. Concrete steps that can be taken:
(1) I or my agent shall directly negotiate with the infringer and solve the problem through negotiation without harming their own rights and interests;
(2) If the agreement fails and it is really necessary, you may request the patent administration organ for mediation;
(3) If you are not satisfied with the decision of the patent administration organ, you can solve it through the investigation company.
References:
Baidu encyclopedia-patent