First, we should judge whether our products fall within the scope of patent protection. Secondly, if the product does fall within the scope of patent protection, it should be judged whether the patent right is stable. If the patent does not meet the conditions for granting a patent after retrieval and analysis, an invalid procedure can be filed with the Patent Office. Finally, if the patent right is stable, and the product falls into the scope of protection, and the defendant has no subjective intention of infringement, he should provide evidence such as legal source and prior use to prove that he does not have subjective intention. Article 7 of China's Patent Law stipulates that anyone who uses, promises to sell or sells a patented infringing product for production and business purposes without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation. Article 59 of the Patent Law of the People's Republic of China Article 6 of the Patent Law of the People's Republic of China Article 7 of the Patent Law of the People's Republic of China Legal objectivity:
Article 57 of the Trademark Law of the People's Republic of China commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark: (1) Without trademark registration. (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities is likely to lead to confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately providing convenience for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others. Article 6 of the Trademark Law of the People's Republic of China commits one of the acts listed in Article 57 of this Law that infringe on the exclusive right to use a registered trademark, thus causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 5, yuan, it may be fined less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, it may be fined less than 25, yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier. In case of a dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce to mediate, or they may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the administrative department for industry and commerce, if the parties fail to reach an agreement or fail to perform the mediation after it takes effect, the parties may bring a suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.