1. The specific form of utility model infringement is to manufacture, use, promise to sell, sell or import patented products for the purpose of production and operation without the permission of utility model patentee.
2. The utility model has a short protection period.
The patent protection period of utility model is 10 year, and the patent protection period is counted from the application date. Therefore, when some patent infringements are discovered, the protection period may have passed or will soon pass.
3. The number of utility model patent infringement is relatively large.
The utility model has low requirements for innovation and is awarded without substantive examination. Therefore, the number of utility model patents is relatively large, and the number of infringements is also relatively large. For some utility model patents with relatively high market value, there may be more infringers.
4. There are many invalid start-up procedures in the process of patent infringement litigation.
The utility model patent is not creative, and it has not undergone substantive examination when it is authorized, so the patent stability is relatively low. After the patentee discovers the fact of infringement, he goes to the court to ask for solving the infringement dispute through litigation, then the accused infringer will generally start the invalidation procedure and deny the patent right of utility model. However, at present, many lawyers representing the accused infringers know little about the patent invalidation procedure and are unwilling to start the invalidation procedure. It is the most fundamental way to solve the problem to defend the infringement of invalid procedures initiated by utility models.
5. The amount of judgment compensation for utility model patent infringement is relatively small.
Compared with the invention, the innovation of the utility model is relatively low. In the absence of specific compensation basis, for example, the obligee can't prove the losses caused by the infringement or the profits of the infringer or the relevant certificates for filing the patent licensing contract, the court will make compensation according to law, and the amount of compensation will be relatively low.