First, how to win the patent infringement lawsuit of utility model?
In patent infringement litigation, the plaintiff should first collect and sort out evidence according to the four elements of tort liability stipulated in China's civil tort legal norms. At the same time, combined with the particularity of patent infringement, the following evidence should generally be provided:
(a) the plaintiff's qualification certificate
The natural person is an ID card, and the enterprise or institution is a business license or institution registration certificate.
(2) Patent certificate
Prove the ownership status of the patent right when it is authorized.
(3) A copy of the patent register
In a sense, the copy of the patent register is more important evidence than the patent certificate. Because the copy of the patent register records the change of patent ownership after the patent is authorized.
(four) the text of the patent authorization announcement
Including the claims, specifications, abstracts and abstract drawings of the invention or utility model; Announce the pictures or photos authorized by the design and a brief description.
(5) Patent annual fee receipt
Prove that the patent continues to be valid. If a copy of the patent register is provided, the annual fee receipt may not be provided.
Second, how to file a lawsuit in the case of utility model patent infringement
If it is the plaintiff, we must first ensure that the utility model patent has been authorized and pay the annual fee on time; Secondly, it takes 1-3 months to retrieve one's own utility model patent and determine the novelty and creativity of the patent, which can be achieved by requesting the patent office to issue a retrieval report; Thirdly, investigate and collect evidence of the infringer's production, sale and use of patented products. It is more important to compare the accused infringing product with the utility model claim to see whether the accused infringing product covers all the necessary technical features of the utility model claim. If it is completely covered, the infringement is judged; if it is not covered, it is judged whether to replace the equivalent technical features.
The utility model patent is one of three kinds of patents: invention, utility model and design. The reason why the state protects utility models mainly lies in encouraging small inventions with low cost and short development cycle to meet the needs of economic development more quickly. So how to win the patent infringement lawsuit of utility model? Next, I will find a small series of French Network to answer your question.