After patent infringement occurs, there are generally three solutions. But regardless of whether you choose one or more of these approaches, the first thing to do is to collect evidence of patent infringement. Only when this step of work is done well can the subsequent measures have the initiative. Otherwise, the subsequent work cannot be carried out. The evidence that should be collected when solving patent infringement includes: 1. Evidence of patent ownership. Prove that the plaintiff enjoys patent rights or patent licensing rights. 2. There is evidence of infringement. 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 accused infringing product and its sales invoice, patent and technical feature comparison materials of the accused 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 the benefits obtained from infringement are difficult to determine, the people's court may reasonably determine the amount of compensation by referring to the multiple of the patent license fee; if there is no patent license fee to refer to or the patent license fee is obviously unreasonable, the people's court may determine the amount of compensation based on the type of patent right, The amount of compensation shall be determined based on factors such as the nature and circumstances of the infringement. The above-mentioned amount of compensation may include reasonable expenses paid for investigating and stopping the infringement. After collecting the evidence, you can choose the following infringement resolution methods according to your own situation: 1. Negotiation and reconciliation: Both the patentee and the alleged infringer can negotiate on their own or reach a settlement agreement through the mediation or mediation of other third parties to resolve the dispute. When an intention to negotiate is expressed, an infringement warning letter can generally be sent to the infringing party. This is not stipulated in my country's patent law, but it is often used in real life, and often achieves good results. The way in which an infringement warning letter is written can be based on different circumstances, and the tone can be tough or gentle. Generally, the following content should be stated: (1) The patentee’s patent number and the main claims of the patent; (2) The other party’s products or methods infringe the patent right, and you hope to suspend or prohibit the other party’s manufacturing, sales and use. ; (3) When do you expect the other party to respond in this regard; (4) If the other party does not respond, what measures may the patentee take? 2. Administrative ruling or coordination: When the infringer’s infringement facts and evidence are sufficiently conclusive, the patentee may report it to the Patent Office and other relevant administrative departments, which will take administrative measures to investigate and verify the infringement behavior of the infringer before making an administrative decision. punishment. During the administrative adjudication process, the relevant patent administrative department may mediate the civil liability for patent infringement based on the application of the relevant parties. 3. Sue in court: After discovering that an infringer has infringed upon its patent rights, the patentee can also directly file a civil lawsuit with the relevant people's court at the place where the infringement occurred or where the defendant is located, requesting that the infringement be stopped, compensation for economic losses, etc. At the same time, you have the right to apply for litigation preservation of the infringement facts and evidence of the infringer, and apply for a court injunction to prohibit the infringer from continuing the infringement. In order to ensure the effective implementation of economic compensation, the patentee may apply to the court for litigation preservation of an equal amount of the infringer's property while filing a lawsuit. When filing a lawsuit in court, the courts chosen to file the lawsuit may include: (1) Patent infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. The place of infringement includes: a. The place where the products accused of infringing the invention or utility model patent rights are manufactured, used, offered for sale, sold, imported, etc. b. The place where the use of the patented method is carried out, and the patented method is directly obtained according to the patented method. The place where the acts of using, offering to sell, selling, and importing products are carried out; c. The place where the acts of manufacturing, selling, and importing products with design patents are carried out; d. The place where the acts of counterfeiting others’ patents are carried out; e. The above-mentioned infringement acts are carried out The place where the infringement results occurred.

(2) The plaintiff only files a lawsuit against the manufacturer of the infringing product, but does not sue the seller. If the place where the infringing product is manufactured is inconsistent with the place where it is sold, the People's Court of the place where the infringing product is manufactured has jurisdiction; if the manufacturer and seller are the same defendants, the lawsuit is filed , the people's court at the place of sale has jurisdiction; the seller is a branch of the manufacturer, and if the plaintiff sues the manufacturer of the infringing product for manufacturing and sales in the place of sale, the people's court at the place of sale has jurisdiction. (3) Patent ownership dispute cases shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled. (4) Patent contract dispute cases shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to the contract may agree in the written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but the provisions of hierarchical jurisdiction and exclusive jurisdiction shall not be violated. If you do not have the experience or ability to do the above work, it is recommended that you entrust a lawyer or other professionals to handle it on your behalf. Otherwise, you will easily be left passive. After all, dealing with patent infringement is highly professional and procedural.