Legal analysis
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 for utility model is involved, the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council. Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) Article 79 Except as provided in Article 57 of the Patent Law, the administrative department for patent affairs may, at the request of the parties concerned, mediate the following patent disputes: (1) disputes over patent application and patent ownership; (2) Disputes over the qualifications of inventors and designers; (3) Disputes over rewards and remuneration of inventors and designers of service inventions; (4) Disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of a patent right. For the disputes listed in Item (4) of the preceding paragraph, the patentee's request for mediation by the administrative department for patent affairs shall be conducted after the patent right is granted. Article 80 The patent administration department in the State Council shall provide professional guidance to the patent administration department in handling and mediating patent disputes. There are two main kinds of penalties for patent infringement. One is civil liability, which means compensation. The other is the punishment of the patent administration department, including ordering changes, declaring infringement, confiscating illegally acquired property, and imposing fines. If the circumstances are serious, they will even be investigated for criminal responsibility.
legal ground
Article 66 of the Patent Law of People's Republic of China (PRC) Where a patent infringement dispute involves a new product manufacturing method invention patent, the entity 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.