Evidence of patent ownership. Prove that the plaintiff enjoys the right to use the patent or patent license.

There is evidence of infringement. Prove that the defendant has committed or will commit patent infringement. The plaintiff shall submit evidence such as the alleged infringing products and their sales invoices, and the comparative materials of the technical characteristics of this patent and the alleged infringing products.

Evidence of the compensation amount. Prove that the amount of compensation proposed by him is based on facts. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him, such as evidence of losses suffered by the obligee due to infringement or evidence of benefits gained by the infringer due to infringement; If the losses suffered by the obligee due to infringement or the benefits gained by the infringer due to infringement are difficult to determine, the people's court may reasonably determine the amount of compensation with reference to the patent license fee.

After the evidence is collected, you can choose the following infringement solutions according to your own situation:

1. negotiation and reconciliation

The patentee and the accused infringer may reach a settlement agreement through self-negotiation or mediation or mediation by other third parties to resolve the dispute. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward. This is not stipulated in China's patent law, but it is often used in real life and often plays a very good role. The writing of infringement warning letter can be tough or gentle according to different situations. Generally, the following contents should be explained:

The patent number of the patentee and the main rights of the patent;

The product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party;

When do you expect the other party to reply to this?

If the other party does not reply, the measures that the patentee can take.

2. Administrative adjudication or coordination

When the facts and evidence of the infringer's infringement are fully conclusive, the patentee can report to the Patent Office and other relevant administrative departments, and they will take administrative measures to investigate and verify the infringer's infringement and impose administrative penalties. In the process of administrative adjudication, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties.

3. Bring a lawsuit to the court

After the patentee finds that the infringer has infringed his patent right, he may also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding that the infringement be stopped and economic losses be compensated. At the same time, it has the right to apply for litigation preservation of the infringer's infringement facts and evidence, and apply for a court injunction to prohibit the infringer from continuing to infringe. In order to ensure the effective implementation of economic compensation, the patentee may apply to the accepting court for litigation to preserve the property of the infringer with the same amount while suing.

Legal basis:

Measures for patent administrative law enforcement

Article 37 In the process of handling patent infringement disputes, if the parties concerned are unable to collect some evidence by themselves due to objective reasons, they may request the administrative department for patent affairs to investigate and collect evidence in writing. The department in charge of patent work decides whether to investigate and collect relevant evidence according to the situation.

In the process of handling patent infringement disputes and investigating patent counterfeiting, the administrative department for patent affairs may, if necessary, investigate and collect relevant evidence according to its functions and powers.

When investigating and collecting relevant evidence, law enforcement officers shall show their administrative law enforcement certificates to the parties or relevant personnel. The parties and relevant personnel shall assist and cooperate, truthfully reflect the situation, and shall not refuse or obstruct.