How to deal with the accused patent infringement?

Legal analysis: First, it is necessary to find out whether there is a real infringement. This is the most important thing to answer the lawsuit. First, it is necessary to find out whether the other party really has exclusive rights. Sometimes, because the annual fee is not paid on time, or the other party's patent has some problems and does not meet the requirements of patent application, the exclusive right of the other party is not protected by law. These all need to be reviewed.

Second, if there is real infringement, we should actively bear the tort liability. Generally speaking, it is necessary to stop the infringement, eliminate the influence and compensate for the losses.

Third, it is suggested to entrust a professional lawyer to deal with the alleged infringement. After all, professional lawyers have a clearer grasp of the key points in the case. Its professional ability can improve its chances of winning the case.

Legal basis: Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

If the defendant fails to submit the defense, it will not affect the trial of the people's court.

Article 179th of the General Principles of Civil Law of People's Republic of China (PRC) bears civil liability mainly in the following ways:

(1) Stop the infringement;

(2) remove obstacles;

(3) eliminating danger;

(4) returning property;

(5) restitution;

(six) repair, rework and replacement;

(7) continue to perform;

(8) Compensation for losses;

(9) Paying liquidated damages;

(ten) to eliminate the influence and restore the reputation;

(eleven) apologize.

Where the law provides for punitive damages, such provisions shall prevail.

The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.