1. The usual solution is to invalidate the patent
Filing a request for invalidation of the patent and requesting the Patent Office to revoke the patent can completely solve the problem of complaints;
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The disadvantages are: the invalidation request takes a long time, usually about eight months, and the cost is relatively high. If it is not a court lawsuit, filing an invalidation is more time-consuming and costly.
Analysis:
1. Similar problems occurred many times from last year to the first half of this year, which are the result of Alibaba’s severe crackdown on intellectual property infringement;
2 . If someone uses a patent certificate to complain to Alibaba about your company's patent infringement, and the legal status of the patent certificate is valid, Alibaba has the right to ask your company to provide evidence of non-infringement. If your company cannot provide it, it has the right to ask you to revoke your license. Alibaba's products suspected of patent infringement;
3. During the complaint process, Alibaba does not actually determine patent infringement on your product or the other party's patent (Alibaba does not have this right and ability, because whether The existence of patent infringement can only be determined by the People's Court at the intermediate level or above), but Alibaba has the right to require you to provide a non-infringement statement, which is what Alibaba calls a counter-notification. If you cannot provide sufficient evidence and explanation, Alibaba will default that you are In case of infringement, we have the right to require you to remove the allegedly infringing display products from the shelves.
4. In this case, the company being complained does not have to worry. There are many ways to get rid of the suspicion of patent infringement.
5. Currently, applying for utility model and design patents in China does not require substantive examination. Therefore, it can be said that as long as it is a product’s technical solution or design solution, it can apply for patent protection and can Obtain patent authorization certificate.
6. Holding a valid patent certificate, it is completely reasonable to file patent infringement complaints and lawsuits against manufacturers or operators of allegedly infringing products. The accepting department should accept the complaint request and make a decision based on the prosecution and defense of both parties. Whether the infringement is established, the final decision will be made.
7. It is a good thing for the country to increase the protection of intellectual property rights, but some people use patent certificates to suppress competitors, apply for patents for mature technologies, and use them to restrict the normal use of others. This approach is simply not effective. Legal protection.
Companies that have been complained of infringement need not be afraid, as they can be resolved through legitimate channels.