How do enterprises avoid patent infringement disputes

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes. 3. What measures should enterprises take to reduce intellectual property infringement disputes? (1) improving the competitiveness of enterprises through technological innovation. There is a widespread problem of insufficient talent, technology and capital conditions in Chinese enterprises. Therefore, enterprises should improve their competitiveness through technological innovation on the basis of their own actual and traditional industries, and can also transform into scientific and technological enterprises through industrial upgrading. Small and medium-sized enterprises, in particular, can easily transform into technology-based enterprises as long as they grasp the opportunities. At present, there are many industries such as information technology, biotechnology and new materials, and the prospects are very broad. As long as there are suitable technical talents and funds, it can develop. (2) Intellectual property protection measures are closely linked with enterprise management. Enterprises should make a comprehensive plan for the protection measures of patents, copyrights and trademarks. For products that have been developed or will be developed soon, it is reflected in registration, management, contract, labor contract and so on. , and closely linked with enterprise management. For example, new products that have been successfully developed can be protected by applying for patents, as trade secrets, and through scientific and technological achievements appraisal, decentralized parts processing channels, etc. Specifically, it is necessary to analyze and plan in detail to decide which part will become a trade secret after strict measures, which part will apply for a patent and which part will be made public. For example, the part of technology with known and proprietary features is classified as patent technology, and the core part of new product technology secret and the part that is easy to be copied and unique are applied as trade secrets to protect new product technology and business information. For the design, procedure, new product formula, production technology and experimental methods in new product development, as well as information with secret nature and economic value closely related to new product management, including customer list, supply information, production and marketing strategy, financial situation, pre-tender estimate, etc. We rely on law and daily management to protect it by economic means. In addition, the overall planning of enterprise intellectual property protection measures should include the proper balance of various legal protection means such as trade secrets, patents, copyrights, trademarks, and anti-unfair competition, and find out the legal protection means and strategies that are most suitable for the market situation and make it a complete system. (3) Establish and improve the early warning mechanism of enterprise intellectual property rights. Take patents as an example. Patent early warning mechanism mainly includes three parts, namely, information collection mechanism, analysis and processing mechanism and alarm mechanism. Take the patent tracking and early warning monitoring as an example. First, all necessary measures stipulated in the patent law should be strictly implemented for authorized patents, including: marking the patent mark, patent number and patentee on the patented product or product packaging; To transfer patented technology to others, a written contract shall be concluded, and the registration formalities shall be handled with the Patent Office, and the patent certificate and relevant evidence indicating the patent shall be properly collected and kept, and the annual fee shall be paid on time. Evaluate the innovation of authorized patents in time, find out the invention height of authorized patents, and distinguish which ones are for strategic protection, which ones are for occupying recent sites, which ones can be implemented, and whether it is necessary to carry out follow-up development according to their different values. The second is to evaluate the authorized patents of competitors or partners, and we should also treat them differently, distinguishing between technologies that can be developed by ourselves or jointly, technologies that can participate in competition and technologies that are worth buying. And arrange special personnel to collect information, find patent applications put forward by others that may harm the interests of the unit in time, and put forward opinions to the Patent Office in time. Where a patent right has been granted, request the Patent Office to revoke the patent right or request the Patent Reexamination Board to declare the patent invalid. Third, pay close attention to whether there is unauthorized use of patented technology in the same industry at home and abroad, and once found, take immediate measures to stop the other party's infringement. Track, investigate and analyze patent applications, authorizations and disputes, as well as the current situation and development trend of patents in trade, and formulate early warning plans for intellectual property rights. (IV) Remedies for Wrong Authorization When handling patent infringement disputes, the court shall determine the scope of protection of the patents involved as a comparative basis for infringement judgment. A basic principle of patent protection is that all technical features that are not required to be protected cannot be protected. Therefore, the scope of protection of the patent right should not exceed all the necessary technical features in the claim. Although the patent right was granted only after being examined by the patent administration department, it still does not rule out the possibility that the granted patent right is not patentable. Granting the wrong patent right may infringe on the rights of the public, so many countries provide remedies for the wrong authorization. The patent law of the United States stipulates that the patent right can be counterclaimed to the court, while in China, the patent right can only be declared invalid to the patent administration department. Therefore, enterprises in China should be good at finding hidden defects in intellectual property infringement litigation when dealing with malicious infringement litigation. How do enterprises deal with malicious infringement lawsuits, and what remedies are there for wrong authorization? Take the patent right as an example. One is to collect evidence of the other party's subject qualification, including whether the other party enjoys the patent right or not, and the other is to collect concrete evidence of whether the patent right is flawed, which can be obtained from the patent management department by searching patent literature. If there is evidence that the accused patent has lost its novelty or creativity, the defendant may apply to the Patent Reexamination Board to declare the patent invalid. Once the patent right is declared invalid, the infringement is naturally not established. In addition, the defendant should analyze whether his behavior constitutes infringement. If the defendant confirms the fact of infringement, he should not intensify the contradiction with a tough attitude. The defendant should take the initiative to admit his mistake, strive for reconciliation and avoid litigation; Self-reconciliation is also the most commonly used way to solve patent infringement disputes of enterprises. Through reconciliation, the infringer can make appropriate compensation for his own infringement, and sometimes the infringer can be exempted from compensation through concessions from both parties. The patentee can also conclude a patent licensing contract with the other party according to his own implementation ability and status, so that the infringement dispute can be satisfactorily resolved. (V) Strengthening the awareness of prevention and legal system construction and curbing malicious infringement litigation are special phenomena in intellectual property litigation in recent years. It is an illegal act that the parties bring a lawsuit based on malicious pursuit of illegal or improper interests or other illegal purposes. The reason why the malicious lawsuit of intellectual property rights was filed or even won is largely due to the defects in the legal system, especially the litigation legal system. Because "malice" violates the principle of good faith and destroys the good customs, the legislation of various countries generally stipulates that malicious acts are invalid or use various legal means to impose necessary sanctions on the perpetrators. At present, although there is no specific provision for malicious litigation of intellectual property rights in China, the judicial organs have taken measures at the institutional level. For example, the two judicial interpretations of the Supreme Court on the temporary injunction before patent and trademark litigation and the reply on "confirming non-infringement litigation" have played a positive and effective role. At the same time, in the revision of the Patent Law, China should add criminal provisions to crack down on malicious infringement, investigate the criminal responsibility of malicious infringers who have caused great economic losses to the patentee, and confiscate their illegal income. An exemption clause should be added. For non-malicious infringement that unintentionally involves patent infringement and is stopped in time after being informed, administrative mediation can be used to exempt punishment and compensation, realize the harmonious development of Chinese enterprises, strengthen the protection of intellectual property rights of enterprises and improve the level of intellectual property protection of enterprises. Among many methods to solve intellectual property problems, patent infringement search has become a very important link, which is divided into anti-infringement search and passive infringement search. Anti-infringement search is a patent search for a new technology and product to avoid patent disputes, and its purpose is to find out the patents that may be infringed. Specifically, the search to prevent infringement is a pre-emptive measure to prevent infringement of others' patents, that is, to check the protection scope of existing invention patents before production and sales, and to determine whether the technology and products to be implemented belong to the protection scope of existing effective patents, so as to take reasonable countermeasures. Passive infringement retrieval is a retrieval when someone is accused of infringement, and its purpose is to find out the basis for bringing an invalid lawsuit against the infringed patent. Some patentees, especially foreign patentees, rely on patents to gain a monopoly position in the market, ignore the principle of patent territoriality and exhaustion doctrine rules, refuse to license without reason, set exorbitant license fees and grab excessive monopoly profits. Therefore, once an enterprise encounters a patent infringement lawsuit, it should actively respond to the lawsuit, distinguish between unnecessary patents, duplicate patents and invalid patents, or counterclaim that the patent is invalid. Once supported by the court, the patent infringement lawsuit will be completely overturned. The experience of judicial practice in the United States shows that about 46% of patent infringement cases in the United States are closed with invalid patents except cases of settlement, dismissal and withdrawal. About half of the remaining cases will be ruled as non-infringement. 5. Related services provided by Shenzhen Zhong Yi Patent and Trademark Office: 1. Anti-infringement search: provide patent investigation and analysis of others related to products or technologies to be implemented, find out the existing patent protection scope and judge whether the scheme to be implemented falls into it. Any unit or individual can use this patent investigation and analysis to determine the patent infringement risk in the process of product manufacturing, product sales and product import implementation, and take evasive measures in time. 2. Passive infringement search: provide information such as patent term, patent regionality and whether the patent right is terminated. Patent invention, and search can make it invalid literature basis, for any unit or individual to defend in patent infringement litigation. 3. Patent circumvention design: that is, "circumvention design", which helps enterprises to study a patent of others, and then design a new scheme different from others' patents protected by patent law, so as to circumvent others' patents. 4. Patent early warning analysis: based on the patent data of a certain industry or field, analyze the patent information from the aspects of overall trend, region, applicant, inventor and technology, and give early warning to the patent information from the perspectives of hot spot tracking, patent output index and competition investigation.