1. Comprehensive market research, avoiding investment risks Although investing in invalid patents avoids expensive patent purchase costs, due to the rapid development of technology, how to choose invalid patents with market prospects has become the key to success or failure of investment. It is necessary to conduct comprehensive market research, track cutting-edge technologies, prevent backward technologies, prevent invalid patents from having no market prospects and avoid investment losses.
2. Be familiar with patent law to prevent accidental infringement. Although invalid patents are valuable wealth of technology and information resources, when they are used rationally, we should avoid the occurrence of infringement and avoid unnecessary disputes and losses. Therefore, we should pay attention to the following issues when using invalid patents:
(1) Pay attention to the time limit. Some invalid patents are in the recovery period, and the respondent may recover his rights during the recovery period.
(2) Pay attention to whether the patentee of invalid patent has other related patents within the validity period, including other core patents of invalid patent.
(3) When using a patent that is invalid according to the provisions of Article 22 of the Patent Law for free, the infringement of the prior patent that may damage the novelty of the invalid patent shall be avoided.
(4) When using the patent that has expired due to the withdrawal or abandonment of the patent applicant after the publication of the application for free, it is necessary to conduct novelty search first and then consider it after confirmation.
(5) When using a patent that is invalid because the patent applicant fails to resume its withdrawal within the time limit without justifiable reasons, it should be used with caution to prevent disputes.
(6) Patents revoked and declared invalid by China National Intellectual Property Administration should be used with caution to avoid intellectual property disputes.
3. It is not the ultimate goal to actively improve and innovate and master the free use of invalid patented technology with independent property rights. The key is to sprout many new innovations and develop new methods and products on the basis of free use of this technology and inspired by invalid patent technology, thus promoting the positive development of packaging technology. Through continuous improvement, the independent patented technology of enterprises is formed, which develops from low level to high level, so that the invalid patented technology in the packaging field can play its due role to the maximum extent.