How to deal with patent infringement?

When a patent infringement dispute occurs, the patentee or interested party may request the administrative department for patent work to handle the patent infringement dispute case administratively. The accepting department in Shenzhen is the administrative law enforcement department of Shenzhen Intellectual Property Office. According to the Patent Law of People's Republic of China (PRC), Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), Regulations of Guangdong Province on Patent Protection, Measures for Administrative Enforcement of Patents in China National Intellectual Property Administration, Measures for Filing Patents by Departments in charge of Patent Work in Guangdong Province (for Trial Implementation) and other laws and regulations, requesting the departments in charge of patent work to handle patent infringement disputes administratively shall meet the following conditions: the claimant is the patentee or. (2) Having a clear respondent; (three) there are clear requests, specific facts and reasons; (four) the scope and jurisdiction of the department in charge of patent work; 5. The parties concerned have not brought a lawsuit to the people's court on the patent infringement dispute. In addition, the requester must meet the following requirements when submitting the request and other materials: 1. Submit the request: 1. Where the patentee or interested party (claimant) makes a request for administrative treatment, it shall submit the original of the request and the corresponding copies according to the number of the requested persons. 2. If the parties (including the claimant and the respondent) are natural persons, the name, gender, age, place of origin, address, postal code, contact telephone number and other matters of the parties shall be stated; If it is a unit, the name, address, postal code, telephone number, position and name of the legal representative or person in charge of the unit shall be stated. 3. The text shall state the request and specify the type of alleged infringement. 4, should specify the facts and reasons for the request, and attach a list of evidence materials. 5. The text should clearly indicate the analysis and comparison that constitutes infringement, or attach the "Analysis and Comparison of Infringement" on a separate page (see the analysis and comparison example). 6. The request must be signed or sealed by the patentee or interested party. Two. Submit evidential materials to prove the subject qualification of the parties: 1. The claimant shall submit materials to prove his subject qualification. If the applicant is a natural person, it shall submit a copy of the resident identity card, residence booklet, passport, home visit permit for Hong Kong and Macao compatriots and other evidence; Copies of business licenses, industrial and commercial registration certificates and other materials submitted by enterprise legal persons and individual industrial and commercial households as applicants; A public institution shall submit its legal person code certificate; If the applicant is a bank or a non-bank financial institution, it must also provide its financial license; Other organizations, as applicants, shall also provide the approval documents for their legal establishment. If the claimant is a foreigner, he shall be certified by the notary office of the host country, by the embassy or consulate of People's Republic of China (PRC) in that country, or perform the certification procedures stipulated in the relevant treaties concluded between People's Republic of China (PRC) and the host country. 2. The interested parties with the right of claim include the licensee of the patent licensing contract and the legal heir of the patent right. Among them, the licensee who exclusively implements the license contract can make a separate request; The licensee who exclusively implements the licensing contract may make a separate request without the request of the patentee; Unless otherwise agreed in the license contract, the licensee who generally implements the license contract cannot make a separate request, and the above-mentioned interested parties shall also submit materials to prove their subject qualification when making a request. 3, the transfer of patent application right or patent right, provide a copy of the patent registration and announcement documents; 4. Copies of materials proving the subject qualification of the requested person, such as business license, ID card, passport and other evidence; If the respondent is an enterprise registered in Shenzhen Administration for Industry and Commerce, it shall submit its recent industrial and commercial registration form, and if the name of the respondent changes, it shall also provide a registration form for change. 5. Other necessary evidential materials. 3. Submit the right certificate: 1, a copy of the patent certificate, or a copy of the recent patent register, and a copy of the patent annual fee payment certificate, and provide the original for verification. 2. A copy of the patent announcement of China National Intellectual Property Administration/China Patent Office (providing the patent claims, specifications, drawings and pictures searched by patent agencies); Where the patent right of utility model is involved, a copy of the search report made by China National Intellectual Property Administration shall also be provided, and the original shall be checked. 3. When the interested party requests, it shall submit a patent exploitation license contract or other materials to prove the identity of its obligee. 4. Other necessary evidential materials. Four. Infringement evidence submission: 1. The claimant shall submit relevant certification materials to prove that the respondent has committed the alleged infringement. 2, involving utility models and designs, it is best to provide the accused infringing products in kind, if it is really difficult to provide in kind, it should explain the reasons and provide detailed clues, so that the administrative organ can obtain evidence. 3. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim. Specifically, the scope of protection of the patent right shall be determined by the technical features recorded in the claims, including those equivalent to the recorded technical features. Equivalent features refer to features that basically achieve the same functions and effects by basically the same means as the recorded technical features, and can be associated by ordinary technicians in the field without creative labor. 4. If the claimant claims that others infringe the patent right of its method invention, it must first prove that it enjoys the patent right, and that the product accused of infringement is the same as the product produced by its patented method, and then the burden of proof can be shifted to the respondent, who can prove what method is used in the product produced by it. 5. Other necessary evidential materials. V. Submission of power of attorney: The applicant may entrust 1 2 persons as agents. Where an agent is entrusted to another person, a power of attorney signed or sealed by the principal must be submitted, and the power of attorney must record the entrusted matters and authority. The agent must have the special authorization of the principal to admit, give up, change the request and make a settlement on behalf of the principal. If the client is a lawyer, a copy of the lawyer's practice certificate and a letter from the law firm to the patent administrative law enforcement organ shall be provided. If the claimant is a foreigner, the power of attorney shall also go through notarization, authentication or other certification procedures in accordance with the laws of China. Basic requirements for evidential materials: 1. The parties shall provide evidence objectively and comprehensively, and shall not forge or destroy evidence. Evidence materials are divided into documentary evidence, physical evidence, witness testimony, audio-visual materials, statements of the parties, expert conclusions and transcripts of inspection. 2. Documentary evidence and material evidence shall be submitted in originals. If it is really difficult to submit the original and the original, copies (copies), photos, copies and excerpts may be submitted, but they shall be checked with the original and the original. Witness testimony must be accompanied by witness identification materials. 3. Foreign documentary evidence must be accompanied by a Chinese translation translated by a notary office or other relevant departments. 4, submit the recorded evidence at the same time, should submit the corresponding record. 5. When submitting the material evidence, photos that can fully reflect the content of the material evidence shall be submitted. 6. When making a request, the claimant shall provide copies of the corresponding evidence groups according to the number of respondents, and attach a list of evidence materials to each copy. Seven, foreign, Hong Kong, Macao and Taiwan applicants to submit proof materials should be notarized and certified in accordance with the provisions. The main types of materials that need notarization and authentication according to law are: 1. The nationality identity and qualification certificate submitted by the applicant to confirm its subject qualification, including a copy of passport, resident identity card, legal person qualification certificate, legal representative (representative) identity certificate, etc. 2. Power of attorney. 3. The collegial panel believes that as the main evidence for ascertaining the facts of the case, it is necessary to go through the authentication procedures, which generally include the testimony of overseas witnesses, the case statements of the parties and documentary evidence (such as contracts, etc.). ) and documents registered by relevant foreign government agencies. 4. Other evidential materials produced abroad. 5. The above materials need to be inspected, and the materials that are not standardized will not be filed. Eight. Other matters: 1. The applicant must fill in the applicant's undertaking to ensure that: ① the documents submitted, the facts and evidence stated are legal, true and effective; ② Failing to bring a lawsuit to the people's court on the patent infringement dispute; (3) If necessary, be willing to pay related expenses such as appraisal in advance. 2. The parties shall fill in the confirmation of service address and provide a valid service address. 3. After accepting the patent infringement dispute case, if the respondent has any objection to the jurisdiction, it shall submit it to the Shenzhen Intellectual Property Office in writing during the defense period. 4. The actor accused of infringement should be related to the alleged infringement.