What measures should the patentee take after discovering patent infringement?

After the patentee thinks that his China patent has been infringed, he should first compare and analyze the other party's technology with his own patented technology to see whether the technical characteristics of the other party really belong to the protection scope of his own patent, so as to determine whether the patent infringement is established and what measures should be taken after the patent infringement. What measures should be taken after patent infringement? Then, the patentee should also analyze the patentability of his China patent to determine its effectiveness. Because according to China's patent law, China Patent Office only examines invention patents, not utility models and designs, but only conducts formal examination. Therefore, in general, if it is an invention patent, we can analyze the novelty, creativity and practicality of the patent as long as we check whether the annual fee is paid and whether the patent is valid. For utility model patents and design patents, we must carefully analyze the three characteristics of patents. Only under the premise that the patent for utility model or design is patentable and is indeed an effective right, can we bring a lawsuit against the patent infringer. Otherwise, once the other party requests the Chinese Patent Office to declare the utility model or design patent invalid, the utility model or design patent will be declared invalid due to the lack of patentability. The patentee can only proceed to the next step after confirming the validity of his patent right and the establishment of patent infringement; ; Collect evidence. What measures should be taken after patent infringement? Generally speaking, there are the following aspects: 1. Evidence about the infringer's situation. The patentee shall know the exact name, address, enterprise nature, registered capital, number of employees, business scope, etc. So as to decide what strategy to take against patent infringement. Second, the premise that the evidence of infringement facts constitutes 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. (1) The patentee may claim damages from the infringer. The amount of compensation claimed may be the loss suffered by the patentee. However, the patentee shall provide evidence to prove that the sales volume of his patented product has decreased, or the sales price has decreased, and other expenses have been overpaid or underpaid. (2) 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. On this basis, the profits of the infringer are calculated. (3) The amount of compensation requested may also be no less than the patent license fee for the patent license transaction between the patentee and a third party. To this end, the patentee should provide a patent license agreement with a third party that has been effectively fulfilled. As for the exact evidence of the infringer's profit, sometimes it is impossible to get it. In litigation, some rough evidence can be provided first, and after the patent infringement is determined, the court can be requested to audit the accounts of the infringer to determine the infringement profit. Then on this basis, the amount of compensation that the infringer should pay is calculated. The obligee can also entrust a professional lawyer to better achieve the purpose of safeguarding rights.