For manufacturing industries, patent products are often infringed. So how do pump valve companies protect themselves and protect their patented products from infringement? For this, the reporter of Asian fluid net consulted this respect legal expert, the expert suggests pump valve enterprise can start from "beforehand, in the event, afterwards" 3 respects.
Ex ante - increase awareness of self - protection
Usually need to observe peers as well as the development of the industry, attention to peers of similar products in a timely manner, if suspected of infringing products, to collect relevant material as evidence, need to buy other products after properly keep buying vouchers; Understand the inventory address, inventory quantity and sales channels of the other party; Learn read patent specification, master the basis of the comparison of the patent knowledge, just right to claim the comparative analysis of the characteristics and the suspected products if the alleged infringement product article contained in the patent claim a right to ask all the features, namely, fall into the scope of patent protection, alleged infringement; To meet a can be used to determine if the infringement cases, can consult lawyer specialized in intellectual property rights, the rights to choose the appropriate way in time after confirm the infringement, to avoid tort scope, to prevent evidence after long time loss, and so on and so forth; In front of the enterprise research and development, manufacture or sell new products, can be entrusted a patent agency shall issue a relevant analysis of new products or retrieval report, can drastically to evade enterprise in producing or selling new products when the risk of patent infringement.
The incident -- actively safeguard their own legitimate rights and interests
Once the product is found to be infringing, we can solve it in the following ways:
1. Negotiated settlement, which is cost-effective and cost-effective. You can contact the other party directly by letter or telephone, or you can help solve the problem through a law firm. If the negotiation is successful, the other party may be required to stop the production and sales activities, or the other party may be required to license the use of the other party for compensation through the signing of a patent license contract, so as to achieve win-win results. The disadvantage is that it is easy to meet the situation of refusal of negotiation and difficult to obtain compensatory compensation.
2. Complaints platform, which applies only to taobao, Tmall mall, such as online sales platform, the network marketing platform has its own set of rules and intellectual property rights complaints process, according to the requirement of complaints can achieve related shop product pictures connection to delete, goods shelves, or the purpose of the closing, is also a way of low cost of short-term; But because of the limitations on use and won't produce economic compensation, for those who have lower credit or retail sales store is affected, and in front of the complaints need to be aware of the complaints of the sales platform rules, need to prepare the relevant evidence materials in the process of complaint, for the first time contact network platform of complaints is a pretty tough job.
3. In court proceedings, this method is the most direct and effective, but it requires a large cost and a long period of time. If the patent invalidation declaration procedure is involved, it may take more than one year. So in front of the utility model or design patent litigation, will suggest the parties apply for utility model or design evaluation report, the report made by the state department of the patent retrieval, to target analyzing retrieval patent's novelty and creativity, can reduce the stability for patent litigation risk. Patent litigation is another feature of DiaoXieLv than ordinary civil cases is high, thus the professionalism of the strong patent cases, the more uncertain factors than ordinary cases, mediation can effectively shorten the cycle of litigation; 2 will mediate the sentence easier to achieve a win-win situation, mediation can reach the license agreement, can bring good economic benefits for the prosecution, for the defendant can continue to sales and production of related products, but only through the court ruling to stop sales of other manufacturing behavior and obtain corresponding economic compensation.
If the accused party is accused of infringement, the accused party may use the following means of defense. (2) where the degree of patent innovation is low, the patent invalidation procedure may be adopted to defend the patent; (3) if the patent is already an existing technology before the date of application, the existing technology may defend it; (4) if the accused enterprise has already prepared for the manufacture or manufacture of the relevant products before the application date, it may use the right to defend it; The above successful defense can avoid infringement.
Afterwards - strengthen innovation, apply for patent right in time
As an enterprise, for the research and development of new products, it is necessary to apply for patent right timely, and for all innovative points to apply for protection.
Timely filing of a patent can bring the following benefits:
1. Self-protection to prevent imitation by competitive enterprises;
2. Strike down competitors at the right time;
3. Exhibition and bidding requirements of various fairs;
4. Improve the image of the enterprise's intellectual property rights and adapt to foreign procurement requirements;
5. Prevent competitors from maliciously applying for patents first and avoid creating patent barriers to themselves.
6. To declare all kinds of scientific research projects and tax reduction and exemption policies.
In addition, there are no imaginary difficulties in patent application. There are three types of patent application:
Invention: products, equipment or its components structure or principle of large improvements such as: mechanical products, electronic products, communication products, equipment, instruments, hardware, tools, home appliances, lamps and lanterns, daily necessities, as well as the internal parts of these products and so on improvements in the structure and principle; Improvement in process, method, process and formula, such as production process, preparation method, processing process, electronic information module, chemical and pharmaceutical formula, etc.
Utility model: improvement in the structure or principle of a product, equipment or its components.
Appearance design: improvement of the appearance (style) of products or parts.
It can be seen that in addition to the invention patent, the utility model and the appearance design can be moderately improved. So it's not too far away from us to use patents properly to protect our interests.
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