Patent infringement analysis is an analysis of whether a technology or product infringes one or more patents. There are two reasons for patent infringement analysis: one is to judge the possibility of others infringing their own patents, and the other is to judge the possibility of infringing others' patents.
Enterprises should track the market situation of their products. If an enterprise suspects that a product in the market infringes the patent right of the enterprise, it shall consult the intellectual property consultant in a timely manner to analyze and judge the possibility of infringement of the product and what measures should be taken.
Enterprises should track the patent literature in China and around the world in terms of the technical fields involved in their products, from which they can learn the latest technologies in this field both at home and around the world. If the company found their products with others have similar patent in China, should be timely intellectual property consultant, analyze whether the product has the possibility of infringement, in order to avoid causing a greater loss.
If there are products exported to the foreign enterprise, first of all should entrust its product intellectual property consultant investigation, analysis and judgment whether the infringement of the patent right for other people in the country, in order to avoid causing related tort litigation.
If someone warns you of infringing their patent, be sure to consult an intellectual property legal adviser first. Generally, it is necessary to analyze and judge whether the other party's patent is valid. If there is any doubt about the validity of the patent right, it may consider whether to request the intellectual property office to declare the patent right invalid. If there is no doubt about the validity of the patent right, make a careful analysis of whether your product infringes the patent right of the other party and take corresponding measures according to the results.
2. Ways to solve patent infringement disputes:
The ways to solve patent infringement disputes generally include: the parties concerned solve the dispute through consultation, request the administrative department for patent work to handle or mediate, and bring a lawsuit to the court.
3. Types of patent disputes:
Disputes over the right to apply for a patent;
Disputes over the ownership of patent rights;
Disputes over the qualifications of inventors and designers;
Disputes over the transfer of patent right and patent application right;
Counterfeiting others' patent disputes;
Disputes over royalties after the publication of an application for a patent for invention or before the grant of a patent right;
Disputes over rewards and remuneration for the inventor and designer of a service invention-creation.
In case of any of the above disputes, the intellectual property consultant shall be consulted and corresponding measures shall be taken to protect its due rights and interests.
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