Exploration Of Evidence Preservation Before Patent Infringement

Evidence is the basis and premise of litigation,the basis and standard of determining facts,and has important significance in litigation.Patent infringement evidence has the characteristics of strong technology,wide knowledge,difficult to obtain,easy to lose,etc.Therefore,the establishment and perfection of patent evidence preservation system is an important link in the protection of patent rights.In the practice of handling patent infringement disputes,patent infringement evidence itself is easily lost because the infringer is easy to hide or destroy evidence.It is a common practice to apply the preservation system of pre-lawsuit evidence to the patentee's own weak ability to obtain evidence of infringement.Therefore,it is very important to obtain relevant evidence of tort before litigation.Therefore,from the point of view of patent infringement litigation,it is very important to apply the system of preservation of evidence before litigation.From the perspective of legislation and practice of evidence preservation,this paper studies the relevant issues of evidence preservation before litigation in patent infringement cases in China.It is of great theoretical and practical significance to safeguard the legitimate rights and interests of the patentee.The evidence of patent infringement is different from the evidence of general civil action,and on the basis of the theory of evidence before civil action,it can not be separated from the whole category of preservation of evidence before civil action.The relevant legislation and practice of patent will further enrich and perfect the system of preservation of civil pre-action evidence.Besides requesting the court to preserve the evidence in case of patent infringement,notarization is often used.Such methods as preservation of evidence before litigation or preservation of evidence before action by administrative organs have their own advantages and disadvantages,The parties may choose from these methods.This paper considers that the provisions of the laws and regulations relating to the patent should be refined for the preservation of the evidence before litigation,and according to the technical scheme of the patent and the specific case of patent infringement,the preservation of the evidence before the lawsuit should be carried out.Flexible choice of fixed evidence,improve the success rate of evidence fixation,reduce the right-holders' rights-safeguarding costs.