(2) Search for related patents. According to the technical field and category of products, the patent data is retrieved by using the existing database system and according to the constructed retrieval formula, and the retrieval results are obtained.
(3) Analyze the legal status of the retrieved target patent. Through investigation and analysis, we can judge the validity, invalidity, termination and other rights of the target patent, and give relevant basis, so as to find out the patent that is still in the valid state for subsequent infringement analysis.
(4) Analyze the technical features in the product technical scheme by the method of patent writing or analysis, and list all the technical features contained in the technical scheme for further analysis.
(5) Analyze the patent infringement of this product. Find out the technical features in the effective patent claim, and judge whether the technical scheme of the product falls within the protection scope of the patent claim to be analyzed according to the principle of comprehensive coverage.
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. 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).