1. settlement through negotiation: the patentee and the alleged infringer can reach a settlement agreement through self-negotiation or mediation by other third parties to resolve the dispute. Generally, a letter of accusation of infringement can be sent to the infringer when the intention to negotiate is put forward, but the warning letter has a deterrent effect and is not legally binding.
2. Administrative investigation: The patentee can report to the Patent Office and other relevant administrative departments when he has the preliminary evidence, and they will take administrative measures to investigate and verify the infringer's infringement and determine whether it is infringement. In the process of administrative investigation, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties.
3. Bring a lawsuit to the court: The patentee 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.
Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.
People's Republic of China (PRC) Civil Code
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.