被诉专利侵权企业之维权策略

On the Strategy of Right—defending for Companies being Sued for Patent Infringement

当企业被诉侵犯专利权后应认真谨慎对待诉讼中的各项法律事宜并以积极的态度参与诉讼程序,为依法有效维护自己的正当权益,被诉企业及其代理律师应当掌握五项诉讼策略:于检索中应诉的策略;于答辩期内反诉原告专利权无效的策略;于被告提出经济担保时提供反担保的策略;于已认定为侵犯原告专利权时主动协商的策略;于法院确定为侵权后积极要求减少赔偿的策略。

The business being sued for patent infringement should treate the various legal issues seriously and participate in the proceedings with a positive attitude, in order to protect their own legitimate rights and interests effectively ,the business being sued and their lawyers shoud master five strategies ： respond to prosecutions with the examine strategy Counterclaiming the plaintiff for the invalid patent during the period of the respondent providing counter-guarantee when the defendant made economic security taking the initiative consultation strategy after being determined as violation of the plaintiff＇s patent rights; asking for a reduction in compensation positivly after being identified as infringing by the court.