Patent application

Patent infringement litigation is a way to protect the rights and interests of the patentee or interested party when the patent right of the patentee or the interested party is infringed by others, and then file a lawsuit to the court with jurisdiction after mastering certain evidence.

Types of tort litigation

(1) In non infringement defense, the enterprise should determine the protection scope of patent right according to the content of patent claim, and find out the corresponding technical characteristics of the object suspected of infringement, so as to judge whether the products manufactured and sold or the methods used by them infringe the patent rights involved in the case.

(2) If it is judged that the infringement is established, it is necessary to further judge whether the technology used belongs to the self owned public technology before the date of patent application. "Request for invalidation" shall be submitted to the Patent Reexamination Board of the State Intellectual Property Office within the period of defense and proof.

(3) If the enterprise has made substantial special investment and completed the necessary technical preparation before the date of patent application, it can continue to implement within the original scope.

(4) If the patentee applies for both utility model and invention for the same invention creation, he should pay attention to whether it belongs to repeated authorization. If the patent is in this illegal state, it should not be protected by law.

The function of tort litigation

Compared with the administrative complaint to the Intellectual Property Office, it has the following characteristics:

1、 Can claim compensation, effectively make up for the loss. The intellectual property office can only impose administrative punishment on the infringer, but can not award compensation. The court can rule the infringer to compensate the loss of the obligee according to the litigation claim and infringement evidence submitted by the obligee.

2、 The judgment or ruling result is final. If the party concerned is not satisfied with the administrative ruling made by the Intellectual Property Office, he may file an administrative reconsideration or an administrative lawsuit, and the judgment or order made by the court in the first and second instance shall have final effect.

Date of publication: 2020/11/07 13:58:40 Number of browsing:114