2. Re-evaluation: Re-analyze and evaluate the patentability of one's own patent right, and judge the patentability of invention and creation, so as to avoid the situation that the lawsuit fails and the infringer is sued.
3. Infringement defense: The patentee's accusation of infringement against the accused infringer may not be established, and the accused infringer may invoke the defense reasons such as invalid patent right and known technology to defend, thus exempting or reducing the tort liability.
Once the patent infringement is identified, it is necessary to quickly collect evidence. There are roughly several aspects:
1. Evidence about the infringer. The exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer are all things that the patentee should know first. It is very important for the patentee to know what strategies to take to deal with patent infringement.
2. Evidence of infringement facts. The premise of patent infringement is that there must be infringement. Therefore, in the process of dealing with infringement, it is very important to prove that the infringer has indeed carried out the act of infringing the patent right. These evidences include physical objects, photos, product catalogues, sales invoices, purchase and sale contracts, etc.
3. Evidence about damages. The patentee may claim damages from the infringer. The amount of compensation claimed may be the loss suffered by the patentee. However, the patentee shall provide evidence to prove that the sales volume of his patented product has decreased, or the sales price has decreased, and other expenses have been overpaid or underpaid. The amount of compensation claimed can also be the profits obtained by the infringer due to the infringement. The patentee shall provide evidence to prove the infringer's sales volume, sales time, sales price, sales cost and sales profit, etc.
Patent rights can also be protected in the following ways:
1. Any dispute arising from patent infringement shall be settled by the parties through consultation.
Unwilling to negotiate or failing to negotiate, the patentee or interested party may bring a lawsuit to the people's court;
Unwilling to negotiate or failing to negotiate, the patentee or interested party may also request the administrative department for patent affairs to handle it. The administrative department for patent work refers to the administrative department for patent work established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload and strong practical handling capacity;
4. 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;
5. Complain to the "123 12" IPR protection reporting and complaint service center.
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I am Xiaomei Liu, a senior intellectual property owner with 10 years of industry experience. I have successfully registered nearly ten thousand trademarks for my clients. I am the filing institution of the State Trademark Office, providing entrepreneurs with professional information and services related to intellectual property rights such as trademarks, copyrights and patents.