Legal analysis:
First of all, pay attention to collect the following evidence:
1, evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license.
2. There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement.
3. Evidence of the amount of compensation. Prove that the amount of compensation proposed by him is based on facts.
2. The patentee and the alleged infringer can reach a settlement agreement through self-negotiation or mediation or other third-party mediation to resolve the dispute.
Three, the patentee in the case of the infringer's infringement facts and evidence fully conclusive, can report to the Patent Office and other relevant administrative departments, which will take administrative measures to investigate and verify the infringer's infringement and make administrative penalties.
Legal basis:
According to Article 65 of the Patent Law of People's Republic of China (PRC), the amount of compensation for patent infringement shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to 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. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
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 compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.