The purpose of patent litigation is often to compete for the market, and it is necessary to master some skills during the patent litigation process. First, the stability of the patent must be judged. Invention patents undergo substantive examination and are highly stable, while utility model and design patents only undergo formal examination. Therefore, when suing, it is best to apply for an evaluation report first to evaluate whether the utility model or design patent complies with the granted patent rights. The second is to collect valid evidence. The patentee should collect evidence of the other party's infringement and the amount of infringement through notary or administrative agencies. Obtaining evidence of the facts of infringement and the amount of infringement is the key to the plaintiff's victory. For evidence that is difficult for the patentee to collect on its own, it can apply to the court to obtain it. For the defendant, the defense of invalidity, prior use defense, legal source defense, or existing technology defense can be used. If there is a reasonable defense, the accused infringer may be exempted from compensation.
Legal Basis
Article 120 of the Civil Procedure Law: A complaint shall be submitted to the People's Court and copies shall be filed according to the number of defendants. If it is really difficult to write a complaint, the complaint can be filed orally, and the people's court will record it and inform the other party. Article 121 The complaint shall state the following matters: (1) The name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the plaintiff; the name, residence, and legal status of the legal person or other organization; The name, position, and contact information of the representative or principal responsible person; (2) The name, gender, work unit, residence, and other information of the defendant, and the name, residence, and other information of the legal person or other organization; (3) The litigation claim and the basis for the lawsuit Facts and reasons; (4) Evidence and sources of evidence, names and addresses of witnesses.