In our country, to judge patent infringement, we must first determine the scope of patent protection and judge whether the technical characteristics of the defendant's product or method belong to the scope of patent protection. According to the provisions of China's patent law, 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 explain the claim.
The scope of protection of the design patent right shall be subject to the design product shown in the picture or photograph. If you confirm that your product or method has fallen into the scope of patent protection, you can consider whether your implementation behavior belongs to the behavior that does not constitute a patent infringement clause in China's patent law.
Solution to receiving a lawyer's letter:
If you confirm that your product or method has constituted infringement, you can further analyze the validity of the patent. If you can declare the patent invalid, you can also win the patent infringement lawsuit. China's patent lawyer should be entrusted to carefully search the legal status and patentability of the patent.
If, after analyzing the retrieval results, it is considered that it is possible to declare the patent invalid, we should seize the time and submit a request for invalidation to the Reexamination Board of the Chinese Patent Office within the defense period. At the same time, submit a copy of the request for invalidation of this patent to the court.
Refer to the above content: People's Daily Online-Bili Bili sent a lawyer's letter requesting fast broadcast to stop infringement.