1. Which number should I call for patent infringement?
1. Public service telephone number for intellectual property rights protection assistance and complaint reporting: 12330.
2. China National Intellectual Property Administration "12330" public service telephone for intellectual property rights protection assistance and reporting complaints mainly accepts reports or complaints from units or individuals on cases of intellectual property rights infringement and illegal intellectual property rights involving patents, exclusive rights to use trademarks, copyrights, new plant varieties, exclusive rights to layout-design of integrated circuits, trade secrets, geographical indications, etc.
Second, how to protect the rights of patent infringement?
1. The first thing to do is to collect evidence of patent infringement and collect favorable evidence. No matter what form you use to defend your rights in the future, it will be beneficial to you. The evidence to be collected when solving the patent infringement problem includes:
(1) Evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license.
(2) There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, and the comparative materials of the technical characteristics of this patent and the alleged infringing products.
(3) Evidence of the amount of compensation. Prove that the amount of compensation proposed is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the losses suffered by the obligee due to infringement or the benefits gained by the infringer due to infringement are difficult to determine, the people's court may reasonably determine the amount of compensation with reference to the patent license fee.
2. After the evidence is collected, you can choose the following infringement solutions according to your own situation:
(1) First, solve it through consultation;
(two) unwilling to negotiate or fail to negotiate, the patentee or interested party may bring a lawsuit to the people's court or request the administrative department for patent affairs to handle it.
3. Legal basis
Article 60 of the Patent Law of People's Republic of China (PRC)
The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.