How to Deal with Product Appearance Patent Infringement

How to deal with product appearance patent infringement needs specific analysis. The following is the analysis: product appearance patent infringement should be liable for compensation. According to the law of our country, the amount of compensation for patent infringement is determined according to the actual loss suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.

1. The infringement of others' appearance patent rights by an enterprise depends on whether the enterprise has reasonable defense reasons, such as invalid defense, first use defense, legal source defense or existing technology defense. If there is a reasonable defense, the accused infringer can be exempted from compensation;

2. If someone infringes the design patent right of the enterprise, the enterprise needs to collect evidence, and then decides to send a lawyer's letter or directly sue the other party;

3. No matter whether others infringe upon others' design patents or enterprises infringe upon others' design patents, they should make a patent evaluation report on the design patents, and hire professionals to compare and analyze the infringement of the infringing products and the design on the design certificate to determine whether the infringing products belong to the protection scope of the design patents.

How to identify product appearance patent infringement?

It is determined that the product appearance patent infringement is as follows:

1. Determine the protection scope of the design patent. The scope of protection shall be based on the pictures or products in the photos submitted by the patentee of design to the Patent Office when applying for a patent for design.

2 to determine whether the patented product of design and the infringing product belong to the same or similar goods. Where a patented product of design has the same function and use as the product accused of infringement, it can be identified as the same or similar commodity.

3. Compare the design patent with the alleged infringing product. That is to say, from the perspective of ordinary consumers, the design of patented products and the design of accused infringing products are observed and judged as a whole.

Legal basis:

Article 68 of the patent law

In case of counterfeiting patents, in addition to bearing civil liability according to law, the department responsible for patent law enforcement shall order it to make corrections and make an announcement, confiscate the illegal income and may impose a fine of less than five times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 78

Anyone who, in violation of the provisions of Article 19 of this Law, applies for a patent in a foreign country and divulges state secrets shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.