Legal analysis: According to relevant intellectual property laws, the condition for applying to stop infringement before litigation is that the intellectual property rights owner has evidence to prove that others are committing or about to commit acts that infringe upon their rights. If not stopped in time, it will causing irreparable damage to its legitimate rights and interests. When applying, the applicant shall submit the following evidence:
(1) The patentee shall submit documents proving the authenticity and validity of its patent rights, including patent certificate, claims, instructions, and patent annual fee payment receipt. . If the application involves a utility model patent, the applicant shall submit a search report issued by the patent administration department of the State Council.
(2) Interested parties should provide proof of the patent license contract and its filing with the patent administration department of the State Council. If it has not been filed, they should submit a certificate from the patentee or proof that they enjoy the rights. Other evidence.
If the licensee of an exclusive license contract files an application alone, he shall submit documentation proving that the patentee has given up the application.
The heir to the patent property rights shall submit evidence that he or she has inherited or is in the process of inheriting.
(3) Submit evidence proving that the respondent is committing or about to commit acts that infringe upon its patent rights, including materials comparing the technical features of the alleged infringing products and the patented technology and the alleged infringing products.
Legal basis: "Several Provisions of the Supreme People's Court on the Application of Legal Issues in Stopping Patent Rights Infringements Before Litigation" Article 4 When applying, the applicant shall submit the following evidence:
(1) The patentee shall submit documents proving the authenticity and validity of its patent rights, including patent certificate, claims, instructions, and receipt of patent annual fee payment. If the application involves a utility model patent, the applicant shall submit a search report issued by the patent administration department of the State Council.
(2) Interested parties should provide proof of the patent license contract and its filing with the patent administration department of the State Council. If not filed, they should submit a certificate from the patentee, or proof that they enjoy the rights. Other evidence.
If the licensee of an exclusive license contract files an application alone, he shall submit documentation proving that the patentee has given up the application.
The heir to the patent property rights shall submit evidence that he or she has inherited or is in the process of inheriting.
(3) Submit evidence proving that the respondent is committing or is about to commit acts that infringe upon its patent rights, including materials comparing the technical features of the alleged infringing products and the patented technology and the alleged infringing products, etc.