What evidence should the plaintiff of patent infringement prepare?
We know that patent infringement often happens, so what evidence should the plaintiff change in patent infringement as a party? Let's introduce it to everyone. The picture shows that the patent infringement cartoon patent litigation belongs to civil litigation, and China's civil procedure law stipulates that the parties bear the burden of proof for their own claims, which is the basic principle of burden of proof sharing, that is, whoever claims, bears the burden of proof. One of the evidences prepared by the plaintiff of patent infringement, the evidence of rights (1), is the plaintiff's qualification certificate, the identity card of a natural person, the business license of an enterprise or institution or the registration certificate of an institution; (2) Patent certificate, which proves the ownership status of the patent right when it is authorized; (3) A copy of the patent register; (4) Patent authorization announcement text: Invention or utility model refers to the patent claim, specification, abstract and drawings; Pictures or photos of the design authorized by the announcement and a brief description; (5) Patent annual fee receipt: it proves that the patent continues to be valid; (6) the utility model patent search report. In patent infringement, the plaintiff prepares evidence II. Infringement evidence (1) Documentary evidence: generally notarized. After the patentee discovers the infringement through market research, he will generally apply to the notary office for notarization of the process of purchasing the infringing products and the purchased infringing products, or investigate and notarize the infringing site (such as promising to sell) or the installation place of the infringing products, and obtain a notarial certificate, thus proving the defendant's infringement; (2) Physical evidence: The infringing products purchased by the patentee from the market shall be sealed and photographed by the notary. Before submitting it to the court, the plaintiff should ensure that the seal is intact, otherwise the defendant can raise an objection during the cross-examination and refuse to admit the infringing product. Patent infringement, plaintiff prepares evidence (3) and loses evidence (1). Patent licensing contract. At present, a large number of patentees sign patent licensing contracts with others, and the agreed licensing fees are used as the basis for claims; (2) Financial audit report. According to the relevant provisions of the Patent Law, the amount of infringement compensation is determined with reference to the aforementioned patent license fee, as well as the losses suffered by the obligee or the interests gained by the infringer due to infringement and the legal compensation amount.