1. The patent acceptance notice only indicates that the State Intellectual Property Office has accepted your application. Usually utility models are subject to preliminary examination, and the examination standard is lower. If there is no objection raised by a third party, repeated authorization is possible. You are likely to get a patent authorization certificate
2. The utility model is more likely to be invalidated. According to the second paragraph of Article 57 of the Patent Law of the People's Republic of China, patents are In infringement disputes "involving utility model patents, the people's court or the patent management department may require the patentee to issue a search report issued by the patent administration department of the State Council." The court will usually require the right holder, the plaintiff, to provide a utility model search report (fee 2,400 Yuan), and the defendant can usually file an invalidation lawsuit to suspend the lawsuit
Suggested litigation strategy
1. Carefully study whether the patent you applied for falls within the protection scope of the other party. If not, then Use this as a defense
2. Even if you fall within the scope of protection of the defendant, if you only apply for a similar patent, you do not need to bear corresponding legal liability. For utility models, the method of patent infringement is: manufacturing (not Consider whether the patented product is knowingly used or sold knowingly), knowing that the product is infringing and intentionally using or selling the patented product
3. Even if it constitutes infringement, the compensation standard is:
1) The patentee shall be liable for the infringement The actual economic losses suffered as a result of the behavior shall be regarded as the amount of compensation. This method is generally used when the patented product has a relatively stable market and sales volume is stable or rising.
2) All profits obtained by the infringer due to the infringement shall be used as the amount of loss compensation. This method is generally used when the patentee and its permitted assignees have not yet placed the patented product on the market. ?
3) The amount of loss compensation shall be a reasonable amount not less than the patent license fee. This method is generally used when the patentee has not put the patented product on the market and the infringer has no profit from producing and selling the infringing product.
Both the first two require the patentee to provide evidence, which is difficult to prove.
4. If the amount of compensation involved is relatively high, you can consider delaying the litigation strategy. Generally, the court The utility model right holder will be required to provide a utility model search report to first estimate whether the patent has three properties. If the report proves that the patent has novelty, creativity and practicality, you can consider filing an invalidation application (fee 1500) to suspend the lawsuit. During the process Depending on the situation, consider whether there are opportunities for reconciliation or mediation
For specific operations, it is recommended to consult a professional lawyer