Why should we provide guarantee when suing patent infringement?

Because the prosecution of infringement will cause losses to the object of prosecution if it is not recognized, and malicious prosecution can be prevented by asking for guarantee to raise the threshold of prosecution.

Provisions of the Supreme People's Court on the Application of Laws to Stop Patent Infringement before Litigation.

Article 6 An applicant shall provide a guarantee when filing an application. If the applicant cannot provide a guarantee, the application shall be rejected.

The people's court shall allow the parties to provide reasonable and effective guarantees by means of guarantee or mortgage.

When determining the scope of guarantee, the people's court shall consider ordering to stop the sales revenue of the products involved in the relevant acts, as well as reasonable storage expenses; The losses that may be caused by the respondent's cessation of relevant acts, as well as reasonable expenses such as personnel salaries; Other factors.

Article 7 In the process of executing the ruling to stop the relevant acts, if the respondent may cause greater losses due to this measure, the people's court may order the applicant to add corresponding guarantees. If the applicant fails to provide additional guarantee, the relevant suspension measures shall be lifted.