What if the patented product is imitated?

According to the provisions of the Patent Law, an inventor who invents an original product or method may apply to the Patent Office for a patent right, which is protected by law and can protect his rights in time when he is infringed by others. What if the patented product is imitated? Let me give you a detailed introduction. 1. What should I do if the patented product is copied? (1) settlement through negotiation: both the patentee and the alleged infringer can reach a settlement agreement by themselves, or settle the dispute through mediation or mediation by other third parties. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward. This is not stipulated in China's patent law, but it is often used in real life and often plays a very good role. The writing of infringement warning letter can be tough or gentle according to different situations.

Generally, the following contents should be explained:

1, the patent number of the patentee and the main rights of the patent;

2. The product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party;

3. When do you expect the other party to give an answer?

4. If the other party does not reply, the patentee can take measures.

(II) Administrative adjudication or coordination When the facts and evidence of the infringer's infringement are fully conclusive, the patentee may report to the Patent Office and other relevant administrative departments, who will take administrative measures to investigate and verify the infringer's infringement and impose administrative penalties. In the process of administrative adjudication, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties.

(3) Bring a lawsuit to the court: After the patentee finds that the infringer has infringed his patent right, he can also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding to stop the infringement and compensate the economic losses. At the same time, it has the right to apply for litigation preservation of the infringer's infringement facts and evidence, and apply for a court injunction to prohibit the infringer from continuing to infringe. In order to ensure the effective implementation of economic compensation, the patentee may apply to the accepting court for litigation to preserve the property of the infringer with the same amount while suing.

Second, how to deal with patent infringing products The treatment of patent infringing products is to bring a lawsuit to the people's court, submit it to the patent management authority for administrative mediation, and issue a warning letter to the infringer. According to Article 5 of the Patent Law, no patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.

Third, how to calculate the infringement of patented products should meet the following conditions: the elements that constitute patent infringement include two aspects: formal conditions and substantive conditions.

(1) Formal requirements

1, and the implementation behavior involves valid China patents;

2. The implementation behavior must be without the permission or authorization of the patentee;

3, the implementation of behavior must be for the purpose of production and operation.

(two) the substantive elements of patent infringement, that is, the technical conditions, and whether the substantive implementation behavior belongs to the scope of patent protection. If the technical features involved by the actor belong to the scope of patent protection, then the actor constitutes patent infringement.

To sum up, once one's patented product is imitated by others, the infringer directly infringes the interests of the patentee, so the patentee can safeguard his legitimate rights and interests through the above three ways. What should I do if the above patented products are copied for you? I hope it helps you.