What should I do before filing a patent infringement lawsuit?

1. Preparation of the plaintiff's agent

(1) Examining the qualification of the client. According to the provisions of Article 57, paragraph 1, of the Patent Law, only the patentee or interested party can bring a lawsuit to the people's court for patent infringement. The patentee refers to an individual, legal person or other civil subject who has obtained the patent right according to law. Stakeholder refers to the person who has an interest in the patent except the patentee when the patent is infringed, that is, the licensee of patent exploitation. The licensee who exclusively implements the licensing contract may file a patent infringement lawsuit separately; The licensee who exclusively implements the licensing contract may file a patent infringement lawsuit independently without the patentee's prosecution; Unless otherwise agreed in the license contract, the licensee who generally implements the license contract can only file a patent infringement lawsuit with the plaintiff as * * * together with the patentee.

(2) to judge the stability of the patent right, the plaintiff should judge the stability of the patent before filing a patent infringement lawsuit with the court to see if it is possible to be declared invalid. Besides analyzing the stability of patent right relative to the existing technology, it is also necessary to analyze whether there are other defects in patent documents and whether these defects can be overcome in invalid procedures.

(3) Collection of evidence of infringement

2. Preparation of the defendant's agent (1) Analysis of whether the client's implementation behavior falls within the scope of patent protection; (2) To judge the stability of the patent right, and see whether the plaintiff's patent may be declared invalid. (3) Collection of evidence