1. Right of first use. You should know that the protection of patent rights in the Patent Law is stipulated in Article 62 of the Patent Law, and there are five situations that are not regarded as infringement. In one case, the same product has been manufactured and used in the same way before the patent application date, or the necessary preparations have been made for the manufacture and use of the product, and the act of continuing to manufacture and use it only within the original scope is not regarded as infringement. This is the principle of preemptive right, which aims to protect the industrial investment made by the first user on an invention from being wasted.
If the invention-creation was independently completed or legally obtained by the first user and has nothing to do with the patentee, it can be proved that the necessary preparations have been made for the manufacture and use when the infringement is accused, or the manufacture and use behavior only continues in the country of origin. In this way, we can use the priority principle in the patent law to protect the interests of our own enterprises.
2, cancel the request or request for invalidation
In order to correct the mistakes in granting patent rights and safeguard the legitimate rights and interests of the public, the patent law has set up administrative revocation procedures and invalidation procedures after authorization. Where the patent owned by the patentee does not conform to the provisions of Article 55 of the Detailed Rules for the Implementation of the Patent Law:
(1) The invention and utility model granted the patent right do not conform to the provisions of Article 22 of the Patent Law, that is, they are not novel, creative and practical;
(2) The patented design does not conform to the provisions of Article 23 of the Patent Law, and does not possess novelty or creativity. You can make a request for cancellation or invalidation. Most of the parties accused of infringement will take this action to reverse their passive situation, turn the infringement dispute into a dispute over whether the patent right is valid, and thus turn themselves from the defendant to the plaintiff. Upon examination, if the reason for the request is established, the patent right shall be regarded as nonexistent from the beginning.
3. Friendly consultation
Under normal circumstances, the patentee takes the form of giving gifts in front of the guests after discovering the infringement of others. Inform the infringing enterprise first, explain the situation of patent infringement, and ask for consultation. If the infringing enterprise confirms the existence of the facts through patent investigation, the most sensible solution is to agree to negotiate and sign a license contract with the patentee as far as possible to minimize its own losses.
4. Cross-licensing
Cross licensing is also called reciprocal licensing or interchange licensing. The behavior of the other party to implement its own technology. In other words, the two parties license each other to use technologies with roughly equal value. If this enterprise improves a patented technology of others, and the improved technology is more advanced than the technology before improvement, and a new patent is granted, but the implementation of this patent depends on the implementation of the patented technology before improvement, then in this case, in order to avoid patent disputes, this enterprise should take the initiative to sign a cross-licensing contract with the patentee before improvement.