Putting forward a request for invalidation of a patent and requesting the Patent Office to revoke the patent can completely solve the complained problem;
Disadvantages are: invalid requests take a long time, usually about eight months, and the cost is relatively high. If it is not a court action, it will cost a lot of money and manpower.
Analysis:
1, similar problems occurred many times from last year to the first half of this year, which was the result of Alibaba's severe crackdown on intellectual property infringement;
2. If someone complains to Alibaba about your company's patent infringement with a patent certificate, and the legal status of the patent certificate is valid, Alibaba has the right to ask your company to provide evidence of non-infringement. If your company can't provide it, you have the right to ask you to cancel the products suspected of patent infringement in Alibaba;
3. In the process of complaint, Alibaba doesn't actually judge whether your product has patent infringement or not (Alibaba doesn't have this right and ability, because whether there is patent infringement can only be judged by the people's court at or above the intermediate level), but Alibaba has the right to ask you to provide a statement of non-infringement, which is Alibaba's so-called counter-notice. If you can't provide sufficient evidence and explanation, Alibaba will acquiesce in your infringement and have the right to ask you to remove the display goods suspected of infringement.
In view of this situation, there is no need for the complained company to worry. There are many ways to get rid of the suspicion of patent infringement.
At present, China does not need to go through substantive examination to apply for utility model and design patent, so it can be said that as long as it is the technical scheme or design scheme of the product, it can apply for patent protection and obtain a patent authorization certificate.
6. It is completely reasonable to hold a valid patent certificate and file a patent infringement complaint and lawsuit against the manufacturer or operator of the suspected infringing product. The accepting department shall accept the complaint request, and judge whether the infringement is established according to the defense of both parties, and make the final treatment.
7. It is a good thing for the state to strengthen the protection of intellectual property rights, but individuals use patent certificates to suppress competitors and apply for patents for mature technologies, thereby restricting the normal use of others. This practice is not protected by law at all.