How to write the template of patent retrieval analysis report?
First, how to write the template of patent retrieval analysis report? The external structure of a complete patent infringement retrieval analysis report consists of three parts: cover, main content and report description. The cover should indicate the report number, project name, retrieval nature, client, entrustment date, retrieval institution, completion date, etc. The text is divided into five parts: retrieval purpose, retrieval points, retrieval database and retrieval strategy, retrieval results and retrieval conclusions. The specific specifications and related descriptions of the main part are as follows: 1. Search purpose: the purpose of preventing infringement search is to find infringing patents and avoid patent disputes; The purpose of passive infringement search is to find out the basis of invalid patent right. 2. Key points: The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the claim. Therefore, the main points of the retrieval analysis report to prevent infringement should describe the complete technical scheme, product or product appearance shape, and illustrate it with attached drawings when necessary. The main points of passive infringement retrieval analysis report should list the basic description items and claims of infringing patents, including: application (patent) number, application date, patent name, announcement date, classification number, priority, applicant (patent), designer, etc. 3. Retrieval requirements: Patent right has the following characteristics: intangibility, openness, legality, timeliness and regionality. The retrieval client shall, under the guidance of the retrieval institution, specify the time period and geographical scope of retrieval. The term of protection of valid patents varies according to the legal provisions of various countries or regions. 4. Document retrieval scope and retrieval strategy: Comprehensive and accurate document retrieval is the basic requirement and premise of patent infringement retrieval analysis report. When searching, we should search from keywords, classification, patent number, patentee and inventor, and pay attention to synonyms, abbreviations and terms. 5. Search results: Select the documents with close correlation from the detected documents, and list the basic information of their patent documents, including title, patent number, application date, publication date, patentee, effective period of protection and an overview of basic contents. 6. Retrieval conclusion: Analyze and compare the technical points of the entrusted project with the detected closely related documents, and suggest the possible patent infringement risks according to the principle of judging the patent infringement of inventions and utility models and the design infringement. Two, the patent infringement analysis report refers to the substantive trial stage of patent infringement litigation by the intellectual property court of the people's court. Generally, it is necessary to judge whether a patent is infringing, provided that the protection scope of the patent involved is explained according to the basic knowledge of technicians in this field. Before the judgment of patent infringement is reviewed by the people's court, it is very important for the team of lawyers representing the case to write a patent infringement analysis report according to the court's trial ideas, so as to take precautions and fully protect the legitimate rights and interests of the parties. Whether the patentee's rights are based on invention patent, utility model patent or design patent, it is the key to judge whether the patent is infringed by comparing the accused infringing product with the technical scheme or design scheme of the patent involved reasonably and legally. The analysis report of patent infringement shall explain the scope of protection of patent right according to the Patent Law and its detailed rules for implementation, examination guidelines and relevant judicial interpretations. There are different interpretation methods and principles according to the needs of different patents, but at least the following contents should be included: 1. Search the historical review documents of invention patents and judge the principle of estoppel; 2, according to the description of the invention or utility model patent and its drawings, the contents involved in the patent claim are explained internally; 3, according to the invention or utility model patent related field of common sense to external interpretation of the evidence; 4, according to the description of the invention or utility model patent and its drawings, the principle of donating the patent claims involved. ; 5. According to the brief description of the design patent, explain the purpose of the patent involved, so as to judge whether the design patent involved is the same as or similar to the accused infringing product. Article 60 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it 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. If a party refuses to accept the decision, he may 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). More and more citizens and enterprises will develop their own patented products. In order to prevent the patented product from being used and changed at will by other enterprises and citizens, the inventor of the patent can also apply for patent protection. If there is infringement of the patented product after registration, you can claim compensation according to law, and at the same time you can ask the other party to stop using the patented product.