What ways can patent infringement disputes be solved?

Negotiation settlement: that is, the problem between the patentee and the infringer is solved through negotiation. The negotiated solution is that when the infringement has occurred, the patentee has some evidence, such as buying the infringing product in the market or getting the sales advertisement and explanation of the infringing product, and initially determines that the infringement is established. Both the infringer and the patentee agree to solve the patent dispute through consultation, which is an effective way to solve the patent dispute. In the end, there are roughly three situations: ① the infringer stops the infringement and compensates the patentee for the loss; (2) Both parties sign a license agreement to convert the infringing use into legal use; (3) the negotiations failed.

Request to the patent administration for settlement: if one of the two parties does not agree to negotiate settlement, or the conditions for negotiation settlement cannot be met, or the patentee may request the patent administration for mediation to resolve the patent dispute. Patent management is a major feature of China's patent system, which was established by the relevant competent departments or local people's governments in the State Council. One of its main responsibilities is to mediate and handle patent disputes. At the request of the parties concerned, the patent administrative organ, as an intermediary, mediates and handles patent disputes in accordance with the summary civil procedure and relevant laws and regulations. When dealing with patent infringement disputes, the patent administration authorities have the right to order the infringer to stop the infringement and compensate for the losses. If a party refuses to accept the decision of the patent administration authority, he may bring a lawsuit to the people's court within three months from the date of receiving the decision. If neither prosecution nor performance is made at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution.

Bring a suit in the people's court: after discovering the infringement, the patentee may request the patent administration organ to handle it, or directly bring a suit in the people's court. It is entirely up to the patentee to decide which way to take. When bringing a lawsuit in a people's court, it should be noted that not all people's courts at all levels and anywhere have jurisdiction, so the patentee must first find out which court has jurisdiction before bringing a lawsuit. According to the regulations of the Supreme People's Court, the intermediate people's courts where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and special economic zones are located and the intermediate people's courts of Dalian, Chongqing and Qingdao are the courts of first instance to hear patent cases, while the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government are the courts of second instance. Patent infringement cases are usually tried by the economic court of the people's court.