According to the provisions of China's patent law, when the patentee's rights are illegally infringed, he can request the patent management authority to handle it, or he can bring a lawsuit directly to the people's court. (1) Request for mediation by the patent administration authorities: The patent administration authorities refer to the patent administration authorities established by the relevant authorities in the State Council and the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, open cities and special economic zones. When the patent right is infringed, the patentee or interested party may request the patent office where the infringement occurred or the patent administration department of the superior competent department of the infringing unit to handle it. (2) Bring a lawsuit to the people's court: When the patent right is illegally infringed, the patentee or the person with conflict of interest may bring a lawsuit directly to the people's court, or bring a lawsuit to the people's court after the patent administration organ handles it. The intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts of special economic zones are the courts of first instance, while the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government are the courts of second instance. Article 60 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it 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).
Legal objectivity:
The amount of compensation for infringement of the patent right in Article 71, paragraphs 1 to 3, of the Patent Law shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.