1. If the parties reach a settlement through consultation, the patent administrative department may mediate the amount of compensation for patent infringement at the request of the parties;
2, unwilling to negotiate or negotiation fails, the patentee or interested party may bring a lawsuit to the people's court, or request the administrative department for patent work.
What are the conditions for judging patent infringement?
1. There are infringed objects: that is, the infringed patented product or method must be protected by the patent law, and the patent that has been implemented, declared invalid or abandoned does not constitute infringement;
2. There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;
3. For the purpose of production and operation: that is, the act of profiting from the patents of others. If the patented technology is used exclusively for scientific research and experiments, the act of manufacturing or using patented products or using patented methods for non-profit purposes such as personal hobbies or personal use does not belong to patent infringement;
4. Without the permission of the patentee: If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.
Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC).
Where the administrative punishment for infringement infringes on the inventor's or designer's right to apply for a patent for non-service invention-creation and other rights and interests stipulated in this Law, the unit to which he belongs or the competent authority at a higher level shall give him administrative punishment.
Article 6
A service invention is an invention made by performing the task of the unit or mainly using the material and technical conditions of the unit. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee.
The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.
Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.