Legal subjectivity:

First of all, you must determine whether your product falls within the scope of patent protection. Secondly, if the product does fall within the scope of patent protection, the next step should be to determine whether the patent rights are stable. If it is determined through search and analysis that the patent does not meet the conditions for granting a patent, invalidation procedures can be submitted to the Patent Office. Finally, if the patent right is stable and the product falls within the scope of protection, and the defendant has no subjective intention to infringe, he should provide evidence such as legal sources and prior use that can prove his lack of subjective intention. Article 70 of my country's Patent Law stipulates: If a patent-infringing product is used, offered for sale, or sold for production and business purposes without the knowledge that it was manufactured and sold without the permission of the patentee, and the legal source of the product can be proven, it will not be liable for compensation. Article 59 of the Patent Law of the People's Republic of China "Patent Law of the People's Republic of China" Article 60 "Patent Law of the People's Republic of China" Article 70 Legal objective: < /p>

Article 65 of the Patent Law The right holder or interested party 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" Law of the People's Republic of China; 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 concerned, the handling patent management department may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.