1. The following methods can be used to protect rights:

1. File a lawsuit in the People's Court (provided that the patent right is strong, the infringement evidence is complete, the infringement is serious or the losses caused by the infringement are serious);

2. Submit an administrative mediation to the patent management agency (the rights holder has obtained preliminary evidence, and the scale of infringement is not large or the loss is not serious);

3. Send a warning letter to the infringer (The rights holder has preliminary evidence, and the scale of infringement is not large or the loss is not serious)

2. Infringement of patent rights will bear three types of liability in my country:

1. Civil Liability and civil liability are mainly reflected in compensation. The standard of compensation is generally the income obtained due to infringement.

2. Administrative liability. The administrative liability for patent infringement is relatively small. Unlike infringement of trademark rights, which will be subject to fines, companies do not care about this.

3. Criminal punishment. If infringement of patent rights constitutes a crime, you will be sentenced to fixed-term imprisonment.

Extended information:

When a patentee or interested party discovers an infringement of their patent rights, they should take the following measures:

1. Confirm Existence of infringement facts and analysis of the reliability of one's own patent. Carry out careful and careful investigation of the subject matter of infringement and obtain evidence to determine the existence of infringement facts. At the same time, you should carefully determine whether there is a possibility that your patent rights will be declared invalid.

2. Find out the specific circumstances of the infringement and the degree of loss suffered, that is, find out the extent of the infringement committed by the infringer, including production scale, usage, sales channels, sales quantity, price, and calculate based on this The amount of economic losses suffered and the unit, name, address, etc. of the infringer.

3. Decide on countermeasures based on different specific situations and your own reality, and adopt corresponding countermeasures:

(1) If you have the ability to implement it or have already implemented it, and hope to continue to monopolize the market If the infringement occurs, measures should be taken to resolutely stop the infringement, and the degree of economic and technical loss calculated based on the conclusive evidence in hand should be resolutely demanded to be compensated;

(2) If you do not have the ability to implement it, Or if you are able to implement it yourself but still hope that others will implement it for a fee, you can supplement the license contract through legal procedures and convert the infringement into a license implementation agreement.

4. Specific steps that can be taken:

(1) Directly negotiate with the infringement yourself or your agent, and negotiate a solution without damaging your own rights and interests;

(2) If an agreement cannot be reached and it is really necessary, you can request the patent management agency to mediate;

(3) If you are not satisfied with the decision of the patent management agency, you can resolve it through an investigation company.

Reference: Baidu Encyclopedia-Patent