How can intellectual property rights holders protect their own rights? Taking patent rights as an example, when you are infringed upon, a patent lawyer will assist you with the following tasks:

1、 Analysis of Patent Infringement

After the patentee believes that their Chinese patent has been infringed, they should first carefully compare and analyze the other party's technology with their own patented technology to see if the other party's technical features truly fall within the scope of protection of their patent, in order to determine whether the patent infringement is established. Patent holders often overestimate their patent rights, so it is best to entrust Chinese patent lawyers to analyze whether patent infringement has occurred and provide legal advice. Because Chinese patent lawyers are familiar with Chinese laws and analyze from an objective standpoint, their legal opinions are relatively objective and fair, and can serve as a reference for decision-making.

The patentability analysis of utility model patents and design patents shall be applied to the China National Intellectual Property Administration to issue a patent evaluation report.

The patentee can only proceed with the next steps after confirming the validity of their patent and the establishment of patent infringement.

2、 Evidence of Fixed Patent Rights

1. Patent certificate, which proves the ownership status at the time of patent authorization.

2. Copy of patent registration book. In a certain sense, a copy of the patent registration book is more important evidence than a patent certificate, because the patent certificate records the ownership status at the time of patent authorization. After authorization, the ownership status of the patent may change, such as the transfer of patent rights or the invalidation of the patent. These contents cannot be reflected on the patent certificate, but they will be reflected on the copy of the patent registration book. However, in practice, some patent owners do not provide them, and some judicial authorities do not give them due attention.

3. Patent Authorization Announcement Text: For inventions or utility models, it includes the claims, specification, abstract, and accompanying drawings; The appearance design includes images or photos authorized by the announcement and a brief explanation.

4. Patent annual fee receipt: proof that the patent remains valid. In fact, this evidence can be omitted if the aforementioned copy of the patent registration book is provided. Because at the bottom of the copy of the patent registration book, it will be noted that 'the annual patent fee has been paid to a certain year, month, and day'. The purpose of providing proof of patent annual fee receipts by patent owners in judicial practice is to demonstrate that the patent has paid the annual fee and remains valid. However, in the patent payment practice of the China National Intellectual Property Administration, even if the patent has been declared invalid, or the patent right has been terminated due to the failure to pay the annual fee, the payment of the patent fee is also possible, so as to obtain the receipt of the annual fee for the patent. Therefore, proving the continued validity of a patent through patent annual fee receipts is insufficient and sometimes even incorrect. Therefore, the aforementioned copy of the patent registration book becomes extremely important. Li Kangsong believes that the reason why patent annual fee receipts are used in practice to prove the continued validity of patents may be influenced by Article 4 of the "Several Provisions of the Supreme People's Court on the Application of Law to Stop Infringement of Patent Rights Before Litigation", which stipulates that patent owners should submit documents to prove the authenticity and validity of their patent rights, including patent certificates, claims, specifications, and proof of payment of patent annual fees. The payment voucher for patent annual fee here is one of the authentic and valid documents of the patent, but it does not mention a copy of the patent registration book, which cannot be said to be a flaw.

3、 Search and fix evidence of patent infringement

1. Documentary evidence: usually a notarized certificate. After the patent holder discovers infringement through market research, they usually apply to a notary office to notarize the process of purchasing infringing products and the infringing products purchased, or to investigate and notarize the infringing site (such as promised sales) or the installation location of the infringing products, in order to obtain a notarized certificate and prove that the defendant has committed infringement. In the process of notarization and evidence collection, it is advisable for the patentee to proactively request product brochures, business cards of personnel selling infringing products, purchase invoices or receipts from the seller to further clarify the producer and seller of the product. At the same time, the patentee may request the notary office to provide an explanation of the source and authenticity of the aforementioned information, which should be recorded in the notarization certificate. 2. Physical evidence: Infringing products purchased by the patent holder from the market. The purchased infringing products should be sealed and photographed by a notary public. Before submitting to the court, the plaintiff should ensure that the seal is intact, otherwise the defendant may raise objections during cross examination and not recognize the infringing product.

4、 Search and fix evidence of loss

1. Patent Implementation License Contract: In current judicial practice, there are relatively few cases where evidence of loss is provided. The objective reason is that such evidence is difficult to prove and the cost of proof is high. Therefore, a large number of patent owners have signed patent implementation license contracts with others, using the agreed licensing fee as the basis for claiming compensation. The patent implementation license contract becomes evidence of economic losses. Enterprises that take the lead in patent management in China usually sign nominal patent implementation license contracts with their business units, handle corresponding filing procedures, and obtain payment and tax payment vouchers for patent licensing fees. However, the licensee has not actually produced patented products. In this case, the license fee agreed upon in the contract should not be used as a reference for compensation. Because the agreed upon licensing fee at this point no longer objectively reflects the market value of the patent.

2. Financial audit report: According to the relevant provisions of the Patent Law, the amount of compensation for infringement shall be determined not only based on the aforementioned patent licensing fees, but also the losses suffered by the rights holder due to infringement or the benefits obtained by the infringer due to infringement, as well as statutory compensation. When the plaintiff claims to use their own losses as the basis for compensation, they should provide a financial audit report on the profitability of their own products, as well as the total number of sales reduced by the defendant's infringement or the quantity of infringing products manufactured by the defendant. The product of the two is the basis for the plaintiff's loss amount; When the plaintiff claims to use the defendant's profits as the basis for compensation, the plaintiff usually applies to the court to preserve the defendant's financial accounting books. After independent third-party auditing, the audit conclusion is used to determine the defendant's infringement and profit situation, thereby clarifying the basis for the defendant's compensation. Finally, in the statutory compensation, the plaintiff can provide some auxiliary evidence to prove the defendant's infringement and the market value of the patented product, as a reference factor for the court to determine the specific compensation amount.