Originally, patent rights protection is a weapon for businesses to protect their rights, and businesses should use it reasonably and legally. However, due to the fierce market competition and the simple authorization of utility model patents and design patents in China, it takes a short time. Many merchants use the characteristics of patents to apply for these two kinds of patents in large quantities, and then maliciously accuse "Taobao patent infringement" after authorization, in an attempt to monopolize and control the sales of this product to a certain extent and earn a lot of profits. In view of this malicious patent protection, businesses can refer to the following suggestions to prevent it in time: First, applying for patent protection before the product goes on the market is not to restrict others, but to be afraid of being applied by others, but to accuse themselves of infringement.
Second, don't worry about competitors' complaints and seek proper solutions. There are the following ways: 1, the most thorough solution, directly file a patent invalidation request with the patent office to invalidate the patent of the other party. This method takes a long time. Generally, patent invalidation takes about 8 months, and the cost is relatively high, about 20,000 to 30,000. Customers have to bear 8 months of product sales losses and tens of thousands of yuan of patent invalidation application fees.
2. Negotiate with the customer, take the invalid patent of the other party as a bargaining chip, and ask the other party not to complain or permit its own use.
3. Apply for legal aid services, choose a suitable intellectual property agency, seek legal aid, and obtain valuable patent defense services.
4. Legal proceedings. The "Taobao patent infringement" incident has sounded the alarm for merchants and the entire e-commerce platform: similar deliberate accusations of "Taobao patent infringement" should also attract the attention of merchants!