A luggage factory applied for a utility model patent for an "insect-proof and anti-corrosion luggage" to the China Patent Office on July 18, 1995, and was granted the patent on July 30, 1996.
A certain Zhangmu suitcase factory also independently developed the same product before the suitcase factory patent application date, and received the industrial and commercial business license on May 5, 1995, making the necessary preparations to manufacture the product. , the factory has gone through trial production.
The first trial production has the right to use it, and it can continue production in the original scope after someone else's patent is granted.
Whether the trial production period has been fully disclosed to the public If the product is disclosed, the patent applied for later does not meet the provisions of novelty and can be invalidated. If the invalidity is established, the patent does not exist from beginning to end and there is no infringement.
Expanded since 1996 The production capacity of this product made the scale of production of this product exceed that before the luggage factory applied for a patent. After learning about it, the luggage factory sued the court in September 1997, accusing Zhangmu Suitcase Factory of infringing its patent rights and demanding a stop and compensation for losses.
If corresponding confidentiality work was done during the trial production period, and the other party’s patent rights are novel and comply with other regulations, then the infringement is because the scale was expanded after someone else’s applicant