legal ground
Article 66 of the Patent Law shall come into force on June 1 20265438.
Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.
Article 72
If the patentee or interested party has evidence to prove that others are committing or will commit acts that infringe the patent right and hinder the realization of their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for taking measures of property preservation, ordering the implementation of certain acts or prohibiting certain acts according to law before prosecution.