Many companies are very nervous after receiving a warning letter or a court summons for patent infringement and do not know what to do. Today, the editor is here to give you tips and talk about how companies should respond?
First, it should be checked whether the patent right of the other party exists or is valid.
Second, it is necessary to analyze the scope of protection of the patent claims of the other party, and compare whether the technical solutions recorded in the patent claims and their products are fully covered. Many people will compare the plaintiff’s product with the defendant’s product, but this is wrong. The key is to look at items 1 and 2 of the plaintiff’s patent claims, what are the technical features of the independent claims, and whether the defendant’s products and technical solutions include these features. If not, it will not infringe the other party’s patent rights.
Third, even if the alleged infringing product falls within the scope of patent protection, it can still be sentenced of non-infringement through the defense of existing technologies. At this time, the defendant needs to find a patent document, paper or product published before the patent application date, and state that his product is derived from the implementation of the prior art.
Fourth, it is necessary to analyze and search the other party’s patents, discover the deficiencies and problems of the other party’s patents, and file the patent invalidation with the State Intellectual Property Office. If the patent is invalidated, the right will no longer exist, and we don’t have to worry about infringement.
Fifth, if the defendant only sells, promises to sell, use, or import the suspected infringing product, it can provide the legal source of the product. Even if it is found to be infringing, the defendant does not need to be liable for compensation.
Sixth, we should also actively strengthen patent protection and apply for patents for our products and technologies. If we are sued by our competitors, we can use our patents to counterclaim the other party. After reading it, do you still find it difficult to deal with the alleged patent infringement? As long as you deal with the law calmly, you can effectively protect your rights.