Second, to re-evaluate the patent right itself, the success or failure of infringement litigation depends largely on whether the patent right in the hands of the patentee is really effective and impeccable. In the course of litigation, the court usually requires the patentee of a patent for utility model to issue a patent search report made by the State Patent Office to judge whether the patent is valid and thus whether the infringement is established.
Three. Infringement warning Before bringing a patent infringement lawsuit, the patentee may entrust a professional patent lawyer to send a lawyer's letter to the infringer to warn the infringer of the infringement.
Four. Collecting evidence After confirming that the patent right is valid and the patent infringement is established, the patentee should collect the evidence of the infringer's infringement as much as possible for use in the litigation process.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.
Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.