There are three ways to protect patent rights: negotiation, mediation and litigation. Only negotiation is attended by both the obligee and the infringer, and the other two ways are attended by the third party. If the patentee takes the initiative to file a lawsuit, the plaintiff shall pay a certain litigation fee when filing a lawsuit. If it fails to pay, the people's court has the right to refuse to accept it.
Legal objectivity:
Patent documents of invention or utility model patents include claims, specifications, drawings, examples, summaries of specifications, etc. In determining the scope of patent protection, it is generally believed that there are three representative practices in history, one is the "peripheral restriction system" represented by Britain and the United States, the other is the "central restriction system" represented by Germany, and the third is the "compromise system". Article 20 of the Draft Supplementary Treaty to the Paris Convention for the Protection of Industrial Property and Article 69 of the European Patent Convention signed by 1973 have made similar provisions: "The scope of patent protection is determined by the contents of patent claims, and the description and drawings can be used to explain the claims." Article 59 of China's patent law embodies this legislative principle. Therefore, when determining the scope of patent protection, we should adhere to the principle of taking the contents of the patent as the standard, and adopt the principle of compromise interpretation to explain the patent right with instructions and drawings. To avoid adopting the principle of "peripheral restriction", that is, the scope of patent protection is exactly the same as that recorded in the written claim, and the specification and drawings can only be used to clarify some ambiguities in the claim; It is also necessary to avoid adopting the principle of "central restriction", that is, the claim only determines a general invention core, and the scope of protection can be extended to the scope that technical experts think belongs to the patentee's request for protection after reading the specification and drawings. Compromise interpretation should be in the middle of the above two extreme interpretation principles, and the reasonable and fair protection of the patentee should be combined with the stability of the law and the reasonable interests of the public.