How to prove patent infringement

Ways to prove patent infringement: Generally speaking, the obligee or his agent ad litem needs to collect evidence that can prove that he is the patentee and can fully prove the infringement of others and the damage they have suffered. Such as legal and valid patent certificates, patented products, infringing products, witness testimony and other materials.

legal ground

Article 63 of the Civil Procedure Law of People's Republic of China (PRC)

Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.

Article 64

The parties have the responsibility to provide evidence for their claims.

The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.

The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.

Article 65

The parties concerned shall provide evidence of their claims in time.

The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit.