How should the patentee protect his rights after discovering patent infringement? 1. Evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license. 2. There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, and the comparative materials of the technical characteristics of this patent and the alleged infringing products. 3. Evidence of the amount of compensation. Prove that the amount of compensation proposed by him is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the losses suffered by the obligee due to infringement or the benefits gained by the infringer due to infringement are difficult to determine, the people's court may reasonably determine the amount of compensation with reference to the patent license fee. After the evidence is collected, we can choose the following ways to solve the infringement problem according to our own situation: negotiation. The patentee and the accused infringer can reach a settlement agreement by themselves, or they can settle the dispute through mediation and mediation by other third parties. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward. This is not stipulated in China's patent law, but it is often used in real life and often plays a very good role. The writing of infringement warning letter can be tough or gentle according to different situations. Generally, the following contents should be stated: 1, the patent number of the patentee and the main rights of the patent; 2. The product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party; 3. When do you expect the other party to give an answer? 4. If the other party does not reply, the patentee can take measures. Administrative adjudication or coordination When the facts and evidence of the infringer's infringement are fully conclusive, the patentee may report to the Patent Office and other relevant administrative departments, take administrative measures, investigate and verify the infringer's infringement, and impose administrative penalties. In the process of administrative adjudication, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties. After finding that the infringer has infringed on his patent right, the patentee who brings a lawsuit to the court may also bring a civil lawsuit to the relevant people's court, such as the place where the infringement occurred and the place where the defendant is located, and demand to stop the infringement and compensate the economic losses. At the same time, it has the right to apply for litigation preservation of the infringer's infringement facts and evidence, and apply for a court injunction to prohibit the infringer from continuing to infringe. In order to ensure the effective implementation of economic compensation, the patentee may apply to the accepting court for litigation to preserve the property of the infringer with the same amount while suing. When bringing a lawsuit to a court, the court that chooses to bring a lawsuit may be: 1. Cases of patent infringement disputes shall be under the jurisdiction of the people's court of the place where the infringement is committed or where the defendant has his domicile. Infringement places include: (1) places where products accused of infringing the patent right of inventions and utility models are manufactured, used, promised to be sold, sold and imported; (2) the place of use of the patented process, and the place of use, promised sale, sale and import of the products directly obtained according to the patented process; (3) the place where the acts of manufacturing, selling and importing the patented product of design occurred; (4) the place where the act of counterfeiting others' patents is carried out; (5) The place where the infringement result of the above-mentioned infringement occurred. The plaintiff only brought a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of production of the infringing product is inconsistent with the place of sale, it shall be under the jurisdiction of the people's court of the place of production; Where the producer and the seller are sued by the same defendant, they shall be under the jurisdiction of the people's court at the place of sale; The seller is a branch of the manufacturer, and if the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale. 3, patent ownership dispute cases, by the people's court of the defendant's domicile. 4. Patent contract dispute cases shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the subject matter are located, but they shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction. The above is the knowledge about "How to protect the patentee's rights after discovering patent infringement" compiled by Bian Xiao. It is introduced in detail in this paper, hoping to help you answer your doubts. If you have any questions, you are welcome to have legal advice on this website.
Legal objectivity:
Determination of the amount of compensation for patent infringement damages The calculation of the amount of compensation for patent infringement cases is mainly based on the Patent Law and the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes (hereinafter referred to as the Provisions). The Patent Law stipulates the calculation method of compensation in principle, refines various calculation methods and adds a calculation method-statutory compensation. There are four ways to calculate compensation: 1. According to the benefits obtained by the infringer, the benefits obtained by the infringer can be calculated by multiplying the total number of infringing products sold in the market by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer, and can be calculated according to the sales profit for the infringer who is completely engaged in infringement. It should be noted here that if the infringer takes infringement as his occupation, it shall be calculated according to the sales profit. The sales profit is greater than the operating profit, which provides convenience for the infringer to calculate. 2. Calculate the losses suffered by the infringed party due to infringement. The losses suffered by the obligee due to infringement can be calculated by multiplying the total sales volume of patented products by the reasonable profit of each patented product. If it is difficult to determine the total number of sales reduced by the obligee, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the obligee due to infringement. This provision greatly reduces the difficulty of proof for the patentee, as long as the sales volume of the infringer is determined, and it also excludes the situation that the sales volume of the infringer has not decreased and the loss cannot be calculated. 3. Determine the compensation amount according to the multiple of the patent license fee. If it is difficult to determine the loss of the obligee or the benefit of the infringer, and there is a patent license fee for reference, the people's court may reasonably determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement, the nature, scope and time of patent license, etc. ; 4. If there is no statutory compensation for the patent license fee or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation according to the type of patent right, the nature and circumstances of the infringement and other factors, in accordance with the provisions of the second paragraph of Article 65 of the Patent Law. Article 65 of the Patent Law determines the amount of compensation for infringement of the patent right according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement. Finally, it should be noted that the first three calculation methods can be chosen by the patentee, which is most beneficial to him. Only when the first three calculation methods are not applicable can the fourth calculation method be adopted.