The plaintiff who on Micro letter and the phone asked:Mr.lawyer,I found someone imitating my patent,what should I do?
1.Whether it is a patentee or an authorized person.
2.Whether the patent is valid?Such as the utility model patent or design,whether its rights are stable?
3.To determine the scope of protection of the patent:whether the rights are clear,whether there are functional characteristics.
4.Whether the infringing product or method falls within the scope of patent protection?
①For example: Whether the invention or utility model patents constitute the same infringement or equivalent infringement.
②Whether the appearance is the same or similar.
5.How to obtain evidence:
①Product category patent: how to obtain infringing products and related credentials.
②Method class patent: how to carry out evidence preservation.
6.How to confirm the compensation?
①The defendant is profitable;②Loss of plaintiff;
③Permission fee is reasonable multiple;
7.Is there a legal demurrer?
①Existing technology or existing design demurrer;
②Has it authorized a defendant or transfer authorization situation?
③Does the defendant have the right of first use?
④Whether it belong to Article 69 of the Patent Law, not as a violation of the patent rights?
8.Whether run over the lawsuit limitation?
9.How to choose the defendant, choose the court, enumerate lawsuit request?
10.Around the lawsuit request ,what evidence do you need to collect?
If you don’t have a special relationship with a lawyer and don’t pay a consulting fee, the lawyer is usually not going to talk to you too much.