I. Rights protection and evidence collection
When both parties have appearance patents and infringement disputes arise, the first task is to ensure that their rights are fully protected. Collect evidence as soon as possible, including design-related documents, patent registration certificates, application dates, and manufacturing, sales and promotion information of related products. These evidences will play an important role in the subsequent dispute settlement process to ensure their legitimate rights and interests.
Second, the consideration of patent application time difference.
The time lag of patent application is an important consideration when dealing with the infringement dispute in which both parties own the appearance patent. The principle of "first come, first served" is generally adopted internationally, that is, the principle of priority. If there is a big difference between the time when the two parties apply for a patent and the time when they apply for a patent is earlier than that of the other party, the applicant may claim priority and enjoy the prior rights.
Third, restrict the use of patents and avoid infringement.
When dealing with infringement disputes, both parties should pay attention to the scope of use of their own patents. If you find that your own patent is highly similar to the patent of the other party, you should try to avoid using your own patent within the scope of infringement. At the same time, through technical improvement or design modification, try to avoid too many similarities with the other patent, thus reducing the risk of infringement.
Four. Settle disputes through consultation and mediation
When both parties have appearance patents and there is an infringement dispute, we can consider resolving the dispute through negotiation and mediation. The two sides can negotiate on the scope of use of patents, overlapping rights and other issues to seek consensus. If both parties can reach an agreement, they can solve the infringement problem and avoid litigation and disputes by signing a memorandum of understanding.
Conclusion:
Both parties have appearance patents, and there is an infringement dispute, which is a complicated situation. When dealing with this situation, we need to pay attention to safeguarding rights and obtaining evidence, consider the time difference of patent application, avoid the restriction of patent use, and try our best to resolve disputes through consultation and mediation. In the protection of intellectual property rights, rational and legal claims and cooperative dispute resolution are important guarantees to promote industrial innovation and development.