[Direct answer]In the Beijing area, evidence collection for patent infringement should focus on two aspects simultaneously: "whether the infringement has occurred" and "how to calculate the amount of compensation". According to Article 71 of the Patent Law of the People's Republic of China, compensation can be determined based on the actual losses of the right holder, the profits of the infringer, or the multiple of the patent license fees. If it's difficult to determine, statutory compensation can be applied. The first choice for evidence collection is to purchase the disputed products in person and retain the invoices and logistics information, or to preserve the e-commerce pages with notarization. At the same time, it's necessary to fix the sales scale, profits, and promotional evidence. It's important not to just save the screenshots, but to form a complete evidence chain that can be cross-examined in court. It's recommended to engage lawyers and notarization agencies as soon as possible. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

It is a common pain point for rights holders to obtain evidence of patent infringement. Typical scenarios include: discovering counterfeit products in offline markets but having no way to prove their sources; e-commerce links being removed at any time, making screenshots difficult to use as valid evidence; the defendant denying production and claiming a legitimate source; and being unable to prove the other party's profits in the compensation stage, only accepting lower statutory compensation. Many rights holders only think of obtaining evidence when they file a lawsuit, by which time the links have been deleted and the goods have been cleared. Evidence collection should precede negotiations and litigation, and the standard should be "evidence that can be cross-examined in court". For disputes related to contracts and supply chains, it can be combined with other evidence to form a complete chain of evidence.Business and contract dispute services for enterprisesHandle it.

II. Key points of contention

There are three focal points of the evidence collection dispute. Firstly, the legality of the evidence: evidence obtained by means of secret filming and recording may be excluded because it infringes on others' legitimate rights and interests or violates legal prohibitions. It is more reliable to obtain evidence through notarization and legal purchase. Secondly, the ownership and infringement comparison: it is necessary to prove that the rights are valid and that the products under complaint fall within the scope of protection. Without comparison samples, it will be difficult to determine the infringement. Thirdly, the evidence of compensation: rights holders often cannot prove the losses or the other party's profits, so they can only claim statutory compensation with a low amount. For cross-border evidence collection, reference can be made to the relevant provisions of the Civil Procedure Law of the People's Republic of China and the Regulations on the Administration of Cross-Border Evidence Collection and Provision of Legal Aid in Civil and Commercial Cases.Special services and other case servicesEvaluate the path.

III. Professional analysis by Hengluo Law Firm

In intellectual property practice, the organization of evidence directly determines the amount of compensation. Take a trademark infringement and unfair competition case handled by our firm as an example: The plaintiff, Company A, is a well-known paper industry company. Its "EFGH" trademark was once recognized as a well-known trademark for sanitary napkins in Category 5. The defendant, Company B, was authorized by a third party in September 2023 to use the "EFGK" registered trademark and design patent to produce and sell "EFGK" sanitary napkins, which were sold through Company C's e-commerce platform. In April 2024, Company A sued, alleging imitation of the well-known trademark and confusion over packaging and decoration, and claimed 98,000 yuan in compensation. Company B entrusted Beijing Henglu Law Firm to handle the case.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acted on behalf of the client and raised defenses such as the logo having legal authorization, not being similar to the well-known trademark, and the packaging and decoration having a patent basis. The court partially accepted these defenses, finding trademark infringement but rejecting unfair competition. It awarded compensation of 60,000 yuan (including 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), which was 920,000 yuan lower than the original claim of 980,000 yuan. This case highlights that the organization of infringement evidence and compensation evidence is key to reducing losses or winning compensation; if the rights holder can consolidate sales scale and profits at the evidence-gathering stage, it will significantly enhance their claim space. For cases involving patent layout, it is advisable to integrate intellectual property protection with the enterprise's regular legal services to ensure comprehensive protection.

IV. Practical suggestions and legal basis

The legal basis is Article 71 (Calculation Order of Compensation and Statutory Compensation) and Article 64 (Scope of Protection) of the Patent Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021); the provisions on evidence in the Civil Procedure Law of the People's Republic of China; and the relevant rules on notarization. Practical suggestions: If infringement is discovered, immediately notarize the purchase of the products involved and preserve the video of the process, invoices, and logistics information; notarize and preserve the e-commerce page and fix the sales evaluation; retrieve brochures, exhibition materials, and customs declaration documents to prove the scale; before suing, you can apply for evidence preservation and court investigation orders to retrieve sales data. If it involves recovering debts through enforcement, you can combine them with other evidence to prove the infringement.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

It's better to obtain evidence for a patent case as early as possible, as evidence may be lost due to products being removed from the market or inventory clearance at any time. Right holders should prioritize purchasing evidence through notarization and preserving web pages, rather than relying solely on screenshots or secret recordings. When collecting evidence, simultaneously fix compensation clues (sales volume, price, profits) to lay the groundwork for high-value claims. Defendants, on the other hand, should retain evidence of legal sources and prior use to support their defenses of non-infringement or legal sources. Both parties should pay attention to the legality of evidence, as illegally obtained evidence may be excluded. It is recommended to consult a professional lawyer as soon as possible to design an evidence collection plan. To learn more, please return to the homepage.Beijing Henglu Law FirmRelated practices.

VI. Frequently Asked Questions

Q1: If my patent is infringed, can I (the right holder) definitely get compensation after collecting evidence?

Obtaining sufficient evidence does not necessarily mean "guaranteed compensation", but it is a prerequisite for obtaining compensation. If you can prove that the patent right is valid, the alleged infringing product falls within the scope of protection, and the evidence is legal and admissible, the court will usually support the cessation of infringement; the amount of compensation will depend on your fixed losses or evidence of the other party's profits - the stronger the evidence, the more likely it is to avoid low statutory compensation and strive for compensation based on actual losses or profits. If the evidence is excluded due to defects in obtaining evidence (such as illegal secret recording or unnotarized screenshots), the claim will be significantly limited. It is recommended to obtain evidence under the guidance of a lawyer to ensure that the evidence chain is complete and legal, and never to believe in unrealistic promises of victory.

Q2: For establishing evidence of patent infringement, what materials and steps do I need to prepare?

The core steps and materials are as follows: 1. Secure evidence of rights (patent certificates, annual fee receipts, evaluation reports). 2. Notarize the purchase of the disputed products or preserve the web pages of such products, and retain the physical products, invoices, logistics information, and purchase videos. 3. Notarize and preserve the e-commerce links and sales evaluations. 4. Collect evidence of the scale of infringement and profit-making clues (brochures, exhibition materials, customs declarations, price lists). 5. If necessary, apply for court evidence preservation or investigation orders to obtain sales data. The organization of evidence revolves around three main aspects: "validity of rights – establishment of infringement – basis for compensation". The more complete and proactive the materials are, the better the outcome will be.

Q3: How much do lawyers' fees and litigation costs amount to when defending against patent infringement?

The litigation fees are calculated based on the amount of the litigation request (usually the compensation amount) according to the "Measures for the Payment of Litigation Fees", and are accumulated in stages. The losing party shall bear the fees. In patent cases, statutory compensation is often applied due to the difficulty of providing evidence of losses, but higher compensation can be claimed if the evidence is sufficient. Lawyer's fees are charged based on the complexity of the case, the amount of the subject matter, and the workload, either on a per-case basis or as a percentage of the subject matter amount, subject to the terms of the contract. There is no uniform standard; notarization and evidence collection are charged separately. It is recommended to consult a lawyer before protecting your rights to evaluate the strength of the evidence and the amount that can be claimed, weigh the cost-benefit ratio, and first strengthen the evidence collection and then file a lawsuit if the evidence is weak.

Q4: How long does it usually take from obtaining evidence to receiving compensation?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; patent cases may take longer if technical comparison or data retrieval is required. After the judgment takes effect, the enforcement of repayment depends on the other party's financial status. Complex cases often require about a year or even longer from evidence collection to repayment. It is recommended to apply for evidence preservation and property preservation at the same time as filing a lawsuit to prevent evidence loss and property transfer; for e-commerce infringements, you can file a complaint with the platform to accelerate damage control. Early and standardized evidence collection is the key to shortening the overall cycle.

Q5: If I find that my patent has been infringed, what should I do first to secure the evidence?

Here are the four steps recommended: 1. Immediately preserve the online links through notarization, collect sales and price information, and take photos and videos of offline stalls or exhibitions to retain evidence. 2. Purchase the alleged infringing products through notarized procedures, obtain invoices and logistics documents to ensure traceability of the source. 3. Organize patent certificates and annual fee receipts, and prepare infringement comparison statements. 4. Collect clues about the other party's profits (promotion materials, customs declarations, financial reports), and, if necessary, apply for court investigation orders or evidence preservation orders. Throughout the process, engage lawyers and notary agencies to ensure that the evidence is legal, complete, and admissible in court.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.