What is the procedure for bringing a patent infringement lawsuit to the court?

The patent infringement prosecution process is as follows:

1, first of all, the parties should confirm whether their patent rights are in the legal and effective existence stage;

2. Secondly, the parties should collect the basic information of the defendant, evidence of infringement and other related materials;

3. Finally, according to the collected materials, draft a complaint and submit it to the people's court with jurisdiction.

Materials required for filing a patent infringement lawsuit with the court:

1. It is necessary to prepare evidence materials to prove the existence and stability of the patent right, such as: patent certificate, copy of registration book, receipt of the latest annual fee payment, patent evaluation report (or search report) of utility model patent and design patent, and delivered patent invalidation review decision;

2. Evidence of patent value that needs to be prepared, such as award-winning certificate;

3. The evidence of the infringer to be prepared mainly includes: the subject information of the accused infringer and infringement evidence (such as electronic evidence, documentary evidence, physical evidence, etc.). ). Specific formal requirements: notarization preservation, credible timestamp, court preservation, and information investigated and dealt with by administrative organs (customs, market supervision administration);

4. Evidence of expenditure on rights protection that needs to be prepared, such as the cost of purchasing the accused products, the cost of taking preservation measures, attorney fees, travel expenses for handling cases in different places, etc.

To sum up, to sue others for patent infringement, it is necessary to submit a civil complaint and relevant evidence materials to the court; If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Legal basis:

Article 65 of the Patent Law of People's Republic of China (PRC)

If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).