1. Where is the lawyer's letter stamped?
After the lawyer's letter is drafted and confirmed by the client, it will take effect after being signed by the undertaker (or the official seal of the undertaker) and stamped with the official seal of the law firm.
Some lawyers only sign or affix the lawyer's private seal when issuing a lawyer's letter, and do not affix the official seal of the law firm. This practice is not standardized. Lawyers can undertake business in the name of a law firm, so it is necessary to affix the official seal of the law firm and the riding seal of the law firm. If there is no special riding seal, the official seal can be used instead of the riding seal.
Second, the time of receiving the lawyer's letter to sue.
You still don't carry it out after receiving the lawyer's letter. It depends on whether the other party decides to sue, and if it decides to sue, it will be soon.
What should I do after receiving an infringement warning letter/lawyer's letter or infringement complaint? After receiving the infringement warning letter or complaint from the patentee, the parties concerned should first take it seriously and then carefully distinguish it. If you don't do it yourself, you can reply and explain, but you must have corresponding evidence. If you do it yourself, you should carefully analyze whether patent infringement is established.
Three. Handling steps after receiving a lawyer's letter
1. Consider whether your behavior is an act that does not constitute patent infringement as stipulated in the Patent Law.
2. If you confirm that your product or method does not constitute infringement, you can reply accordingly;
Knowledge supplement: if the obligee issues a warning of patent infringement to others, and the warned person or interested party urges the obligee to exercise the right of action in writing, and the obligee does not withdraw the warning or bring a lawsuit within one month from the date of receiving the written reminder or within two months from the date of issuing the written reminder, and the warned person or interested party brings a lawsuit to the people's court to confirm that his behavior does not infringe the patent right, the people's court shall accept it.
3. If the infringement is confirmed, you can further carefully search the legal status and patentability of the patent and analyze the results.
(1) If you confirm that your product or method has fallen into the scope of patent protection, you can consider whether your implementation behavior belongs to the behavior that does not constitute a patent infringement clause in China's patent law.
(2) If, after analyzing the results of the patent inquiry, you think that it is possible to declare the patent invalid, you should take the time to make a request to declare the patent invalid to the Reexamination Board of the Chinese Patent Office during the defense period. At the same time, a copy of the patent invalidation request will be submitted to the court, requesting the court to decide to suspend the lawsuit. For utility model patents and design patents, the court shall suspend the proceedings. The court may or may not suspend the invention patent. Therefore, the defendant should actively provide the court with materials to prove the lack of patentability of the patent, so as to urge the court to suspend the lawsuit. If the court does not suspend the trial and make an infringement judgment, the defendant shall appeal in time and request the Patent Reexamination Board to speed up the procedure, so as to make a decision to declare the patent invalid before the judgment of the second instance of the court is made.
(3) If the patent right cannot be declared invalid, but it does infringe the patent right, the defendant shall stop the infringement and try to reach a settlement agreement with the patentee.
The above introduces the relevant legal knowledge about where the lawyer's letter should be stamped. To sum up, the lawyer's letter should be stamped in the lower right corner, which generally requires the seal of the law firm. If you have any other questions, please feel free to consult, and we will have professional lawyers to answer them for you.