I. Settlement through consultation
In other words, the problem between the patentee and the infringer is solved through consultation. When the infringement has occurred, the patentee has mastered certain evidence, such as buying the infringing product in the market or getting the sales advertisement and explanation of the infringing product, and initially finds that the infringement is established. Both the infringer and the patentee agree to solve the patent dispute through consultation, which is an effective way to solve the patent dispute. In the end, there are roughly three situations: ① the infringer stops the infringement and compensates the patentee for the loss; (2) Both parties sign a license agreement to convert the infringing use into legal use; (3) the negotiations failed.
Second, request the patent management authority to handle it.
If one of the two parties does not agree to settle the dispute through consultation, or the conditions for settlement through consultation cannot be reached or negotiation fails, the patentee may request the patent administration organ to mediate and handle the patent dispute. Patent management institutions are a major feature of China's patent system. It was established by the relevant authorities or local people's governments in the State Council, and one of its main responsibilities is to mediate and handle patent disputes. In accordance with the civil summary procedure and relevant laws and regulations, the patent administration authorities have the right to order the infringer to stop the infringement and compensate the losses when handling patent infringement disputes. If a party refuses to accept the decision of the patent administration organ, he may bring a suit in a people's court within three months from the date of receiving the decision. If neither prosecution nor performance is made at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution.
Third, bring a lawsuit to the people's court.
After discovering the infringement, the patentee may request the patent administration organ to handle it or bring a lawsuit directly to the people's court. The specific way to take it is entirely up to the patentee to decide. When bringing a lawsuit to the people's court, he should pay attention to that not all people's courts at all levels and anywhere have jurisdiction, so the patentee must first find out which court has jurisdiction before bringing a lawsuit. According to the regulations of the Supreme People's Court, the intermediate people's courts where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and special economic zones are located and the intermediate people's courts of Dalian, Chongqing and Qingdao are the courts of first instance to hear patent cases, while the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government are the courts of second instance. Patent infringement cases are usually tried by the economic court of the people's court.