First of all, we must judge whether our products are within the scope of patent protection. Secondly, if the product really belongs to the scope of patent protection, it is necessary to judge whether the patent right is stable. If the patent does not meet the conditions for granting a patent after retrieval and analysis, it may file an invalid procedure with the Patent Office. Finally, if the patent right is stable, the product belongs to the scope of protection, and the defendant has no subjective intention of infringement, he should provide evidence such as legal source and prior use to prove that he has no subjective intention. Article 70 of China's Patent Law stipulates that anyone who uses, promises to sell or sells an infringing patented product for production and business purposes without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation. Article 59 of People's Republic of China (PRC) Patent Law, Article 60 of People's Republic of China (PRC) Patent Law and Article 70 of People's Republic of China (PRC) Patent Law.
Legal objectivity:
Article 65 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it 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. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).