What should I do if I maliciously obtain a patent right?
1, evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license. 682. 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. After collecting the evidence, we can choose the following ways to solve the infringement problem according to our own situation: 1. Settle it through consultation. Both the patentee and the accused infringer can reach a settlement agreement through consultation or other third-party mediation to resolve the dispute. Two. Administrative adjudication or coordination 68 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, which 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. After the patentee finds that the infringer has infringed his patent right, he may 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 that the infringement be stopped and economic losses be compensated. 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.