When the patentee finds out that he has been cheated, he will first ask the local intellectual property office for help. After receiving reports and complaints, local intellectual property offices will actively accept them. On the one hand, they investigate and handle cases, and at the same time coordinate relevant law enforcement departments to hand over major cases to public security departments.
legal ground
Article 65 of the Patent Law stipulates that if a patent is exploited without the permission of the patentee, that is, the patent right is infringed, and a dispute arises, it shall be settled by the parties through consultation;
Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.
When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately, and the party concerned refuses to accept it;
You can bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.
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 of People's Republic of China (PRC).