Several ways to deal with patent infringement disputes

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). Where a patent infringement dispute involves an invention patent of a new product manufacturing method, 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 for utility model is involved, the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council. Explanation: This article is about the solution of disputes arising from the exploitation of patents without the permission of the patentee. 1. The exploitation of a patent without the permission of the patentee refers to the illegal act of manufacturing, using, promising to sell, selling or importing patented products of others or using patented methods for the purpose of production and operation without the consent of the patentee. 2. It is an act of patent infringement to exploit the patent without the permission of the patentee, except that it is not regarded as patent infringement as stipulated in the first paragraph of Article 63 of this Law. For disputes caused by this kind of infringement, this article provides the following ways to deal with them: 1. Settle it through negotiation. Negotiation settlement refers to the way that the parties reach a settlement through direct negotiation after the infringement case occurs. 2. Bring a lawsuit to the people's court. If the infringed party thinks that another person has infringed his patent right and is unwilling to settle it through consultation or negotiation fails, he may take the infringer as the defendant and bring a civil lawsuit in accordance with the provisions of the Civil Procedure Law. According to the provisions of the Civil Procedure Law, the territorial jurisdiction of civil cases of patent infringement disputes shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant was located; Regarding the hierarchical management of civil cases of patent infringement disputes, according to the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) and the Answers of the Supreme People's Court on Several Issues Concerning the Trial of Patent Disputes, the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located, the intermediate people's courts in special economic zones and the intermediate people's courts in open cities approved by the Supreme People's Court are generally the courts of first instance. The infringed may bring a lawsuit to the people's court with jurisdiction according to the law and relevant judicial interpretations in the Supreme People's Court. 3. Administrative treatment. According to the provisions of this article, if the parties to a patent infringement dispute are unwilling to bring a lawsuit directly to the people's court and resolve the dispute through "litigation", they may request the patent administration department to handle it. 4. Administrative mediation. In accordance with the provisions of this article, the mediation organ shall be the same administrative department for patent work that handles patent infringement disputes; The content of mediation is the amount of compensation for patent infringement; Mediation can only be conducted at the request of the parties; This kind of mediation belongs to the civil mediation of civil disputes between the parties by administrative organs, and does not belong to administrative handling. It shall be performed voluntarily by the parties concerned. If mediation fails or a mediation agreement is reached, the parties may, in accordance with the provisions of the Civil Procedure Law, bring a civil lawsuit to the people's court with the other party as the defendant. 3. Paragraph 2 of this article provides evidence in two cases of handling patent infringement disputes: 1. 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. According to this provision, the burden of proof in patent infringement litigation as stipulated in this article shall be borne by the defendant accused of infringement. If the accused infringer cannot provide sufficient evidence to prove that the manufacturing method of the same product is different from the patented method, it is presumed that he used the patentee's invention patent, which constitutes patent infringement, and he shall be liable for tort damages according to law.