Legal analysis
Patent right refers to the patent right enjoyed by the patentee for invention and creation, that is, the state grants the inventor or his successor the exclusive right to use his invention and creation within a certain period of time according to law. The procedures of patent infringement litigation mainly include: 1, sending a lawyer's letter to the other party to inform that the product has applied for a patent; 2. To collect evidence, you can purchase products by notarization or products advertised on the website. 3. Bring a lawsuit and submit an indictment to the court. 4. Respond and appear in court; 5. During the trial, if the infringement is found to be established, it may be ordered to stop the infringement immediately. Patent infringement has the following characteristics: 1, and the object of infringement is a valid patent. Patent infringement must be based on the existence of valid patents. After the publication of the application for a patent for invention, the patentee shall request the administrative department for patent affairs for mediation after the patent right is granted, or directly bring a suit in a people's court. 2. Must be aggressive. That is, the actor objectively carried out the act of infringing others' patents. And for the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement. 3. Violate the law. That is, the actor's act of implementing a patent has no permission from the patentee and no legal basis.
legal ground
patent law of the people's republic of china
Article 66 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.
Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. 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.