Sichuan strengthens the management of patent infringement in e-commerce
Yes The plaintiff shall ensure that the utility model patent has been authorized and pay the annual fee on time; Secondly, it takes 1 to 3 months to determine the novelty and creativity of the patent, which can be achieved by requesting the patent office to issue a search report; Thirdly, investigate and collect evidence of the infringer's production, sale and use of patented products. It is more important to compare the accused infringing product with the utility model claim to see whether the accused infringing product covers all the necessary technical features of the utility model claim. If it is completely covered, the infringement will be judged. If it is not covered, it depends on whether the equivalent technical features have been replaced.