Patent infringement refers to the illegal act of implementing legally protected and effective patent for the purpose of production and operation without the permission of the patentee.
There are three kinds of responsibilities for infringement of patent right in China:
1. Civil liability. Civil liability is mainly embodied in compensation. The standard of compensation is generally the income from infringement.
2. Administrative responsibility. The administration of patent infringement is relatively small, which is not subject to fines like trademark infringement. Enterprises do not care about this.
3. In case of criminal punishment, it shall be sentenced to fixed-term imprisonment if the infringement of patent rights constitutes a crime situation.
When the patentee or interested parties find that someone has infringed their patent rights, they shall take the following measures:
1. Confirm the existence of infringement facts and analyze the reliability of own patent
We should carefully do the patent infringement investigate on the subject matter and obtain evidence to determine the existence of the infringement facts. At the same time, we should carefully determine whether there is the possibility of invalidation of our patent right.
2. Find out the specific situation of infringement and the degree of loss suffered
That is, we should find out the extent of infringement by the infringer, including production scale, use situation, sales channels, sales quantity, price, so that the amount of economic loss, the unit, name, address of the infringer can be measured.
3. Determine countermeasures
According to different specific conditions, we take corresponding countermeasures combined with their own reality:
(1) If they have the ability to implement or finish implementing, and want to continue to monopolize the market, they should take measures to resolutely stop the infringement, and the degree of loss of economic and technological benefits are calculated on the basis of solid evidence, and we should insist on the compensation ;
(2) If he does not have the ability to implement, or he still wants others to implement it with compensation although he is able to implement,, he can supplement the license contract through legal procedures to transform the infringement into an enforceable agreement.
4. Specific steps that can be taken
(1) directly negotiate the infringement together with himself or his agent, and negotiate for settlement without damaging his own rights and interests;
(2) if the agreement fails and it is really necessary, it may request the patent administration authority to mediate;
(3) if you are not satisfied with the the decision of the patent administration authority, it can be solved through the investigation company.
The patentee finds that his patent right has been infringed by others, and he can start the next step of patent infringement investigation and evidence collection after confirming that his patent right is valid and the patent infringement is established. In the process of patent infringement investigation, the general mode of operation is that the patentee entrusts a lawyer or a relevant investigation company to obtain professional evidence, while CHINA REDSTAR LIMITED which integrates lawyer and investigation is more popular with customers. Here, customers can get legal support from patent lawyers, and entrust commercial investigation companies with professional investigation and evidence collection services under the guidance of lawyers.