Legal analysis: 1. First, the subject of the patent right must be confirmed based on the patent certificate, etc. 2. Secondly, the validity of the patent right must be confirmed. 3. Then, determine whether the infringing product falls under the into the scope of patent protection. 4. Finally, provide legal sources, prior use and other evidence that can prove that there is no subjective intention.
Legal basis: "Patent Law of the People's Republic of China"
Article 60 The patent administration department of the State Council shall promptly notify the patentee of the decision to grant a compulsory license. persons, and be registered and announced. The decision to grant a compulsory license shall specify the scope and time of implementation based on the reasons for the compulsory license. When the reasons for compulsory licensing are eliminated and no longer occur, the patent administration department of the State Council shall make a decision to terminate the compulsory license based on the request of the patentee and after review.
Article 63: If the patentee is dissatisfied with the decision of the Patent Administration Department of the State Council on the implementation of compulsory license, the patentee and the unit or individual who obtained the compulsory license shall appeal to the Patent Administration Department of the State Council on the implementation of compulsory license. If you are dissatisfied with the ruling on the use fee, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
Article 65: Exploiting the patent without the permission of the patentee shall infringe upon the patent right and cause disputes, which shall be settled by negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or Interested parties may file a lawsuit in the People's Court or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" According to the Law of the People's Republic of China, the infringer shall file a lawsuit with the People's Court; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties, the patent management department that handles the matter may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China