If a patent is infringed, call the “12330” public welfare hotline for intellectual property rights protection assistance and reporting and complaints, which is run by the State Intellectual Property Office. Regarding the question of which phone number to call if a patent is infringed, I will give you a detailed answer below.
1. Which phone number should be called when a patent is infringed? 1. Public welfare hotline for intellectual property rights protection assistance and reporting and complaints: 12330. 2. The "12330" public welfare hotline for intellectual property rights protection assistance and reporting and complaints, which is responsible for the State Intellectual Property Office, mainly accepts complaints from entities or individuals involving patent rights, exclusive rights to trademarks, copyrights, new plant variety rights, and exclusive rights to integrated circuit layout designs. Report or complain about intellectual property infringement, intellectual property violation cases such as trade secrets, geographical indications, etc.
2. How to protect your rights if a patent is infringed 1. The first thing you should do is to collect evidence of patent infringement. Once you have collected favorable evidence, no matter what form of rights protection you use later, it will be beneficial to you. The evidence that should be collected when resolving patent infringement includes: (1) Evidence of patent ownership. Prove that the plaintiff enjoys patent rights or patent licensing rights. (2) Evidence of infringement exists. Prove that the defendant has committed or is about to commit acts that infringe the patent right. The plaintiff should submit evidence such as the alleged infringing product and its sales invoices, comparison materials of the technical features of the patent and the alleged infringing product. (3) Evidence of the amount of compensation. Prove that the amount of compensation proposed has a factual basis. The plaintiff should submit evidence that can prove the amount of compensation it proposes, such as evidence of the losses suffered by the right holder due to the infringement or evidence of the benefits gained by the infringer due to the infringement; If it is difficult to determine the benefits obtained from infringement, the people's court may reasonably determine the amount of compensation with reference to the patent license fee. 2. After the evidence is collected, you can choose the following infringement resolution methods according to your own situation: (1) First, resolve through negotiation; (2) If you are unwilling to negotiate or the negotiation fails, the patentee or interested party can file a lawsuit in the People's Court, You can also request the department that manages patent work to handle it. 3. Legal Basis Article 60 of the Patent Law of the People's Republic of China When the patent administration department of the State Council makes a decision to grant a compulsory license, the patentee shall be notified in a timely manner, and shall 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 upon review at the request of the patentee.