Understand the validity of the other party's rights and ask professionals to evaluate the rationality of their complaints.
According to the evaluation results, if the complaint is unreasonable, it shall be a written complaint or counter-complaint; If his complaint is reasonable, he should take the initiative to contact the complainant and try to withdraw the complaint.
Take the design patent as an example, you can submit the following information:
1. The appearance patent applied by the other party is an existing design;
A. Publicize the sales records of the complainant before the patent application date (provide the order numbers of Alibaba and Taobao, and the pictures displayed in the order are consistent with the complainant's patent viewpoint);
B other materials (screenshots of web pages, documents, instructions, patent materials before the filing date, etc.) that affect the patent stability of the complainant. );
2. Contrastive description of the inconsistency between the goods sold and the complainant's patent: it is necessary to provide pictures of the complained goods page to compare with the complainant's patent viewpoint and design point, including shape, pattern, color, etc., and it is suggested to point out the differences with pictures and texts;
3. Put forward reasonable doubts about the stability of the plaintiff's patent: invalidation decision/confirmation of non-infringement judgment;
4. The products sold come from the complainant: the complete authorization chain or purchase certificate of the obligee;
If the above four points fail, you can directly apply to China National Intellectual Property Administration for patent invalidation. Once the patent of the other party enters the invalidation procedure, the infringement judgment will be suspended.
Please note that the appeal period is 3 working days.