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Through the preliminary understanding of your question, "sued" means that the other party's patent has been authorized, so you can check the contents of patent documents in China National Intellectual Property Administration and China Intellectual Property Online for free through the patent number provided by the other party. The query is very simple. Enter the search page, fill in the corresponding columns, such as the patent number or the name of the obligee, and click Search to display the detailed results. If there is a certain patent basis, we can compare whether there is infringement through the published content.
Or ask the agency to judge whether there is infringement.
If the patent authorization of the other party is established and your infringement is established, consider submitting it to the reexamination board for invalidation.
1. Search yourself or entrust Beijing Search Center to see if there are any comparative documents that are unfavorable to patents. If there are some specified comparison documents that can destroy its novelty, it is invalid. The patent right does not exist from beginning to end, so there is naturally no infringement.
Although in the new law, as an interested party, you can request the patent administrative department of the State Council to make a patent evaluation report, and you can get a very professional conclusion about whether it meets the authorization conditions. However, this clause does not apply to patents whose filing date is before February 1 day, 2065438 (excluding that date).
2. If the infringement is established, it is best to consider reconciliation.
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The contents involved in the patent field are complicated. Please refer to relevant laws and regulations for specific implementation and understanding.