1, it is the most critical to determine whether the other party's products overlap with the claim, if so, the other party will infringe;
2. Whether the products of the other party have been produced and sold in the current sales place before obtaining the patent right. If there is, the other party will not infringe;
3. If the infringement of the other party is confirmed, what is the loss? If the loss cannot be calculated, then what is the profit of the other party in manufacturing and selling the infringing products, which is the basis for claiming compensation.
4. Collect evidence of the other party's infringement, including products, sales scope and sales volume.
5, because after filing a lawsuit, usually the other party will put forward the idea that the patent is invalid, therefore, before filing a lawsuit, it is necessary to examine whether the patent is flawed.
Patent litigation is brought to the intermediate people's court where the infringer is located.
Extended data:
Patent right refers to the exclusive right granted to an invention-creation within a certain period of time after it has filed a patent application with the State Patent Office and passed the examination according to law.
According to China's patent law, there are three kinds of inventions, namely, inventions, utility models and designs. After a patent for invention and utility model is granted, the patentee enjoys exclusive rights to his invention and creation. 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.
After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import the patented product for production and business purposes. Without the permission of the patentee, the implementation of his patent will infringe his patent right, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, you may request the administrative department for patent work to handle it.
Of course, there are exceptions to non-infringement, such as prior right to use and use for scientific research purposes. Patent protection adopts the protection mode of "two-way parallel and judicial guarantee" between judicial and administrative law enforcement.
Baidu encyclopedia-intellectual property