First, which court is the patent infringement sued?
According to Article 2 of the Supreme People's Court's Provisions on the Applicable Law in the Trial of Patent Disputes: "Patent dispute cases of first instance shall be under the jurisdiction of the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts designated by the Supreme People's Court."
Article 5 stipulates: "A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile. Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the patented product of design is manufactured, sold and imported; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above infringement occurred. "
According to this provision, those who choose to bring a suit in a people's court shall bring a suit in an intermediate people's court where the people's government of the province, autonomous region or municipality directly under the Central Government where the infringement is committed or where the defendant is domiciled. If the intermediate people's court in the place where the infringement is committed or where the defendant is domiciled designates the people's court with jurisdiction over patent cases of first instance, it shall bring a lawsuit to the intermediate people's court in that place.
As of July 1 day, 2006, there are currently 43 intermediate people's courts in China as the courts of first instance for patent disputes. Specifically, it includes the intermediate people's courts of provinces, autonomous regions and municipalities directly under the Central Government and special economic zones, and the intermediate people's courts of the following cities designated by the Supreme People's Court: Dalian, Yantai, Wenzhou, Foshan and Qingdao.
Two, the patentee to collect evidence of patent infringement is divided into the following three aspects:
1. Evidence related to the infringer.
As the saying goes, know yourself and know yourself. Therefore, the exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer are all things that the patentee should know first. It is very important for the patentee to know what strategies to take to deal with patent infringement.
2. Evidence of infringement facts.
The premise of patent infringement is that there must be infringement. Therefore, in the process of dealing with infringement, it is very important to prove that the infringer has indeed carried out the act of infringing the patent right. These evidences include physical objects, photos, product catalogues, sales invoices, purchase and sale contracts, etc.
3. Relevant evidence of damages.
The patentee may claim damages from the infringer. The amount of compensation claimed can also be the profits obtained by the infringer due to the infringement. The patentee shall provide evidence to prove the infringer's sales volume, sales time, sales price, sales cost and sales profit, etc.
Patents are often infringed because of their high practical value. Generally speaking, there are three kinds of patent infringement: productive infringement, commercial infringement and indirect infringement. However, it should be noted that there is no use infringement of design patents, only productive infringement of manufacturing behavior. And the establishment of indirect infringement, often have a certain degree of * * * intentionally or knowingly.