What Are The Measures To Protect Software Patents?

Then, the patentor should also analyze the patentability of his patent in China to determine its validity.

Because according to the provisions of the Chinese patent law, the Patent Office of China only carries out the actual examination of the invention patents, but does not carry out the actual examination of the utility models and designs, and only conducts formal examination.

Therefore, in general, if it is an invention patent, it can not analyze the three properties of the patent, that is novelty, creativity and practicability. If we check whether the annual fee is paid, whether the patent is valid or not.

For patent for utility models and designs, we must seriously analyze the three characteristics of patents.

Only when the patent of the utility model or the design patent is patented, it is indeed a valid right to act on the patent infringer.

Otherwise, the patent or design patent of the utility model will be declared invalid if the patent application is declared invalid by the Chinese patent office.

After confirming the validity of the patent right and the establishment of patent infringement, the patented party can proceed to the next step.

I. evidence of infringers

The patented person shall know the exact name, address, nature of the enterprise, registered capital, number of personnel, and scope of operation of the infringer, so as to facilitate deciding what strategies should be taken for patent infringement.

Two. Evidence of infringement facts.

The premise of patent infringement is tort.

Therefore, it is vital to prove that the evidence of infringement of patent rights has been implemented by the infringer in the process of dealing with the infringement.

Evidence in these areas includes objects, photographs, product catalogues, sales invoices, contracts for purchase and sale of infringing goods.

Three. Evidence of damages.

(1) the patented person may claim damages from the infringer.

The amount demanded for damages may be the loss suffered by the patented person.

However, the patented person shall provide evidence to prove that the sale of his patented product is reduced or the selling price is reduced due to the infringement of the other party, as well as the loss of other extra expenses or less income.

(two) the amount demanded for damages may also be the profits of the infringer due to infringement.

The patented person shall provide evidence to prove the sales volume, sales time, selling price, selling cost and sales profit of the infringer.

Based on this, we calculate the profits of the infringer.

(three) the amount of compensation for damages may also be no less than the patent licensing fee of the patent license trade between the patented person and the third party.

To this end, the patented person shall provide a patent license agreement with the third party that has already come into effect.

The exact evidence of infringer's profits is sometimes unavailable.

In the process of litigation, some rough evidence can be provided. After the patent infringement is decided, the court can request the court to audit the infringer, so as to determine the infringement profits.

Then, on this basis, we calculate the amount of compensation payable by the infringer.

The obligee can also entrust a professional lawyer to better achieve the purpose of safeguarding rights.