How To Prove Patent Infringement
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How To Prove Patent Infringement

The significance of patent infringement investigation and analysis

Even if an invention is granted a patent right, in judicial practice, due to the deviation of infringement analysis, the protection of patent rights will fall through. In other words, if a party wants to engage in business activity and encounters patent problems at this time, it needs to retrieve relevant patent information first, and then analyze whether the business activity he is about to engage in may infringe. If the analysis method is improper, the wrong conclusion may be drawn, thus misleading its behavior. As a result, it may lead to patent infringement or lose a good opportunity due to the wrong judgment even if it is not patent infringement.


How to prove patent infringement in China:

1. It shall affirm the existence of the fact that the people's court is convinced that the existence of the facts to be proved is highly possible after the evidence provided by the party with the burden of proof is examined and in combination with the relevant facts.


2. It shall affirm the inexistence of the fact that the people's court is convinced that the existence of the facts is unfavorable after the evidence provided by one party to refute the facts claimed by the party who bears the burden of proof is examined and in combination with the relevant facts. In fact, the standard of proof is just like the steelyard in the judge's mind. It is used to measure when a party proves successful in civil litigation. It can be said that only by understanding how the judge uses the steelyard can you win the lawsuit.


What evidence is needed to prove patent infringement?

The evidence to be collected by the litigants are as follows:

1. Evidence of infringer

It is very important to know the basic situation of the infringer and what kind of strategy the patentee should take to deal with the patent infringement, including the exact name, address, nature of the enterprise, registered capital, number of personnel, business scope and other information of the infringer, all of which should be understood first by the parties concerned.


2. Evidence of facts of proving patent infringement

The premise of patent infringement is that there must be infringement behavior. Therefore, it is very important to prove that the infringer does have the act of infringing the patent right in the process of dealing with the infringement. The evidence in these aspects is mainly the infringing goods including the physical objects, photos, product catalog, sales invoices, purchase, and sales contracts.


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