Have you applied for a patent for the appearance of your luggage?

On July 8, 1995,/kloc-0, a luggage factory applied to the Chinese Patent Office for a patent for the utility model of "anti-insect and anti-corrosion luggage", and was granted the patent right on July 30, 1996.

A camphorwood luggage factory independently developed the same product before the luggage factory applied for a patent, and obtained the industrial and commercial business license on May 5, 1995/kloc-0, which made necessary preparations for manufacturing the product. After trial production,

First of all, the trial production has the right of first use, and others can continue production within the original scope after patent authorization.

Whether the product has been fully disclosed to the public in the trial production process, if so, the patent right applied for in the later period does not meet the requirements of novelty and can be invalidated. If it is invalid, the patent right does not exist from beginning to end, and there is no infringement.

Since 1996, the production capacity has been expanded, so that the scale of producing this product exceeds the scale before the luggage factory applied for a patent. After learning about it, the luggage factory filed a lawsuit with the court on September 1997, accusing Zhangmu luggage factory of infringing its patent right and demanding to stop and compensate for the losses.

If it is kept secret during the trial production, and the patent right of the other party is novel and meets other regulations, then the infringement is due to the expansion of the scale after the application of others.