In the field of intellectual property, appearance patents protect product designs and have important commercial value. However, sometimes there will be situations where both parties own design patents, but infringement disputes arise due to high similarity. This article will explore how to deal with this situation, including the protection of the rights of both parties, the time difference in patent application and the restrictions on patent use.
1. Rights protection and evidence collection
When both parties have appearance patents and an infringement dispute arises, the first task is to ensure that their rights are fully protected. Collect evidence as early as possible, including relevant documents of the design, patent registration certificate, application date, etc., as well as information on the manufacturing, sales, and promotion of related products. These evidences will play an important role in the subsequent dispute resolution process to ensure your legitimate rights and interests.
2. Consideration of the time difference of patent application
When dealing with infringement disputes where both parties have appearance patents, the time difference of patent application is an important consideration. Internationally, the "first come, first served" principle of "first to apply, first to examine, first to obtain" is generally adopted, that is, the principle of priority. If the patent application times of the two parties are quite different and they are filed earlier than the other party, the applicant can claim priority and enjoy the earlier rights.
3. Restrictions on patent use and avoidance of infringement
When dealing with infringement disputes, both parties should pay attention to the scope of use of their patents. If you find that your patent is highly similar to the other party's patent, you should try to avoid using your patent within the scope of infringement. At the same time, through technical improvements or design modifications, try to avoid too many similarities with the other party’s patents to reduce the risk of infringement.
4. Negotiation and mediation to resolve disputes
When both parties own a design patent and an infringement dispute arises, negotiation and mediation can be considered to resolve the dispute. The two parties can negotiate and seek consensus on issues such as the scope of use of the patent and overlapping rights. If the two parties can reach an agreement, they can resolve the infringement issue by signing a memorandum of understanding and other forms to avoid litigation and disputes.
Conclusion:
Both parties have appearance patents and it is a complicated situation to have an infringement dispute. When dealing with this situation, it is necessary to pay attention to rights protection and evidence collection, consider the difference in patent application time, avoid restrictions on patent use, and resolve disputes through negotiation and mediation as much as possible. In the protection of intellectual property rights, rational and legal rights claims and cooperative dispute resolution are important guarantees for promoting industrial innovation and development.