What methods and ways we can think of when talking about patent rights protection? Most people think that there may be a legal way to solve. While it is not the only way and also not the best way.
Today, we will talk about the issue of the rights of the relevant patent rights, compare the advantages and disadvantages of each method at all times, help the parties choose the appropriate path to implement rights protection, and try to take care of their own legitimate right when faced with patent infringement.
The Path of Patent Rights Protection:
1. Self-reconciliation: get a settlement agreement on the basis of bilateral equal consultation.
2. Make request of persuasion and disposal to patent management trigger, depending on the administrative hand ordered the infringer to stop infringement and impose penalties.
3. Prosecute the court, require the infringer to stop the infringement and compensate for the economic losses caused by infringement.
Comparison of the Various Paths:
1. Self-reconciliation: solution the disputes quickly and friendly which will save labor, material resources and capital.
2. Making request of persuasion and disposal to patent management trigger, mediation coverage: dispute of patent application fee, dispute of patent reward and punishment fee, dispute of patent claim rights, dispute of patent contract. The advantages are simple procedures, convenient and quickly.
3. Sue to the court: suppress the rivals effectively and strengthen dominant market position, also get a repayment from the infringing person.
Procedures and Timeliness:
1. Making request of persuasion and disposal to patent management trigger: It is not necessary, the parties can sue to the court directly without administrative mediation. While the vote need checked by the public security law. The unsuitable party can also go to the court to talk about the lawsuit, administrative lawsuits have to play two trials, cross-province implementation has a certain degree of difficulty.
2. Sue to the court: analysis of the technology of the alleged infringer and the patent technology of the individual, to confirm whether the patent infringement is established. Investigate the scope or extent of infringement, prepare the case and the relevant documents; put on record to the court with the jurisdiction of the case; pending the decision of the court or the decision to take effect after the court; make a request for enforcement. The duration of the lawsuit is 2 years, from the date of the patentee or the powerful person who is informed or should be informed of the infringement.
In summary, the prosecution to the court is the last path of patent rights protection if you can go through their own reconciliation, patent management trigger to persuade and deal with the solution. Although sue to the court can finally solve the problem, still need to consider the problem carefully as the high cost and lawsuit risk.