Your product has been patented by others.

When you find that the product you designed has been patented by others, the first thing to do is to keep calm. Although this situation is not common, it is not unsolvable. Here is a solution to help you deal with this problem.

1. Patent information involved in the analysis

First of all, you need to study in detail all the patents that have been authorized or are being applied for related to the products you design. This includes but is not limited to reading the full text of the patent, viewing the patent claims, publication date and other key information. Make sure to understand the protection scope, technical characteristics and legal effect of the patents involved.

Step 2 look for evidence

After a clear analysis, you need to find evidence that you are the original creator of this idea. Evidence may include prototype drawings, communication records, product release materials, etc. For online evidence, you can use the online archiving service to extract screenshots of the pages at that time. If you are lucky enough to get help from others in the implementation process, please contact them and hope they will be witnesses.

Step 3 consult a professional lawyer

If there is enough evidence to support it, you need to consult a professional lawyer who specializes in handling intellectual property infringement cases. They will provide you with professional advice and guide you to take appropriate legal action according to the evidence and circumstances provided by you.

4. Coping strategies

There are usually the following coping strategies:

A) Reconciliation negotiation: Negotiate reconciliation with relevant parties to reach an understanding. During the negotiation, please work closely with lawyers to formulate appropriate negotiation strategies and contents.

B) Revocation or invalidation: If there are obvious errors in the patent involved or you have conclusive evidence to prove that you are the original inventor, you can apply to the Patent Office for revocation or invalidation of the patent.

C) Litigation: If satisfactory results cannot be achieved in the first two stages, you can choose to bring a lawsuit to the court to confirm that you are the inventor of the product and the ownership of relevant intellectual property rights.