Big move: the core technology is covered, and there are three ways to deal with it for the time being:
A, consider whether it can be invalid, whether it can be proved to be the existing technology, if it can be proved that the patented technology has been made public before the patent hooligan applies for a patent, and its technical scheme can be known to the public before the filing date, including being published in literature, or being used for publicity because of the existence of the corresponding product, it can be deemed invalid according to its lack of novelty and creativity.
Second, apply for peripheral patents of this core technology, apply for a large number of peripheral patents for specific applications in combination with market demand, and then talk about cooperation with patent hooligans with peripheral patents as chips, such as cross-licensing, to win by quantity.
Third, advocate the right of first use. This kind of response is mainly considering that since it is a core technology, it may not be successful in research and development overnight. Therefore, according to the second paragraph of Article 69 of the Patent Law, a person who has manufactured the same product, used the same method or made necessary preparations for manufacturing and using it before the patent application date, and continues to manufacture and use it only within the original scope, shall not be regarded as infringing the patent right.
Analysis: When claiming the right of first use, it is necessary to pay attention to sufficient evidence to prove that:
1, ready;
2. Before the application date.