How to sue patent infringement

Legal analysis: Patent infringement litigation refers to a way for the patentee or interested party to file a lawsuit in a competent court after mastering certain evidence in order to safeguard their own rights and interests when their patent rights are infringed by others. The litigation process of patent infringement is as follows: (1) Consultation. Introduce the basic situation of the case to the lawyer in detail, determine the best litigation strategy and sign the power of attorney. (2) Before litigation. According to the case and the situation of the parties, choose the court with jurisdiction and choose the court with good law enforcement environment. (3) Preparation of litigation documents. The basic information of the parties shall be comprehensive and detailed. (4) Trial and judgment.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 72

If the patentee or interested party has evidence to prove that others are committing or will commit acts that infringe the patent right and hinder the realization of their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for taking measures of property preservation, ordering the implementation of certain acts or prohibiting certain acts according to law before prosecution.