What are the protection measures of patent right?

(1) administrative protection of patent right. According to the provisions of the Patent Law, the patentee or interested party may request the Patent Office to handle the patent infringement without the permission of the patentee. When dealing with infringement, the patent administration authorities have the right to order the infringer to stop the infringement and compensate the losses.

(2) Civil law protection of patent right. When the patentee's patent right is infringed by others, the infringed may bring a lawsuit to the people's court and investigate the infringer's civil liability. When protecting the interests of the patentee, the people's court usually takes the following measures: forcing the infringer to stop infringing activities; Confiscation of the infringer's imitation products; Compensation for the economic losses of the patentee; Ordering the infringer to take measures to restore the reputation of the patentee.

(3) Criminal law protection of patent right. The criminal law protection of patent right refers to the act of infringing patent right. If the circumstances are serious and the violation of the criminal law constitutes a crime, the criminal responsibility of the infringer may be investigated according to law to protect the legitimate rights and interests of the patentee.

Legal basis:

Article 60 of the Patent Law of People's Republic of China (PRC), 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).