1. The public sales record of the counter-notifier before the application date.
Note: The counter-notifier can look up the sales records of related commodities earlier than the patent application date. After intercepting the sales record, (sales record: please take a screenshot in the Seller Center-Sold Baby (including ordering time, order number and other information). If you want to see the baby three months ago, please select the last label "Records Three Months ago" and insert it into the space below. Among them, the sales record can be the counter-notifying party's own or the third party's.
2. Web pages published on the Internet before the filing date that affect patentability (novelty and creativity of inventions or utility models, novelty of designs).
(Note: The counter-notifier can fill in the link address of the webpage information that is the same as the contents of the patent published on the Internet in the following space, and compare the contents of the relevant webpage with the technical features of the patent-related claims of the complainant. If it is an invention or utility model, the comparison method can refer to the comparison method in Table 3: Comparison of Technical Features in the Complainant's Patent Infringement of Invention or Utility Model. )
3. Related patent materials published before the filing date that affect patentability (novelty and creativity of inventions or utility models, novelty of designs).
(Note: The counter-notifier can fill in the basic information of the relevant patent in the following blanks, and compare the relevant patent with the technical features of the patent-related claims of the complainant. If it is an invention or utility model, the comparison method can refer to the comparison method in Table 3: Comparison of Technical Features in the plaintiff's patent infringement complaint. )
4, does not belong to the scope of patent protection.
(Note: The counter-notifier can compare the goods or information in the link address of the confirmed non-infringing goods with the patent of the complainant, and explain the inconsistency. If it is an invention or utility model, the comparison method can refer to the comparison method in Table 3: Comparison of Technical Features in the Complainant's Notice of Patent Infringement of Invention or Utility Model. If it is a design, you can point out the differences or similarities with the patent view of design)
5. Others
Note: The counter-notifier can fill in other circumstances to confirm non-infringement, such as directly or indirectly obtaining the permission of the patentee (if your goods come from the patentee who complains about you, please provide the authorization certificate or purchase certificate that can identify the patentee; If you are the patentee, please provide the patent certificate; If your goods come from another patentee, please provide the patent certificate and the authorization of the patentee.
Statement of authenticity of counter-notification:
I guarantee that the contents of this counter-notice are true and correct. If the contents of this counter-notice are not completely true, I will bear all legal responsibilities arising therefrom.
Counter-notifier (signature and copy of ID card)
address
telephone number
fax number/No.
date
(Note: Sign your name and attach a copy of your ID card. Market member: The counter-notification letter will be printed and signed by the registrant. When sending a complaint email, attach a scanned copy of the front and back of your ID card.