Most of the patent cases like this are just fake and false, and most of them cannot be implemented in practice. They just want you to lose some money. Having been in the intellectual property industry for so long, it is no surprise that I have seen many infringement cases. However, I still hope that the market can respect knowledge and the fruits of other people's work. I hope that the domestic market can be standardized as soon as possible!
I give you the following suggestions:
1. On the Internet, either you copy others, or they copy you, but if someone catches you, no matter you are a seller or a manufacturer, as long as you infringe , it is possible for the defendant to immediately remove all infringing product information, including pictures, text information, contact information and other information related to the product;
2. Collect evidence that is beneficial to oneself, including Chat records, invoices, voice, etc. To fix the evidence, you can go to the local notary department for "evidence notarization" to fix the evidence;
3. Be prepared to respond to the lawsuit, including what questions the plaintiff will ask and what questions the judge will ask, and put the entire case in Think about it;
4. Your income from selling 2 products is 60 yuan, but the other party demands compensation of 60,000 yuan. This is unreasonable. You need to notarize all orders for selling this product to prove that the product only generates 60 yuan in revenue. The basis for the court's award of compensation is the infringing party's sales revenue and the patentee's losses. If the other party requests compensation of 60,000 yuan, it will usually be a false report or an overstatement, and the court will generally not accept it. Moreover, compared to the income of 60 yuan, the other party requires 60,000 yuan. RMB 60,000 is obviously unreasonable, and the loss of RMB 60,000 requires the other party to provide evidence before the court will accept it. Therefore, you don’t have to worry, and you have evidence to prove that your income is indeed 60 yuan. If compensation is awarded, you can claim compensation based on your sales income of 60 yuan!
5. Invalidate his appearance patent. Appearance patents are generally unstable. Compared with other patents, they are easier to invalidate. Therefore, the invalidation strategy can be considered. However, for small cases like yours, There’s no need to do too much, you can basically do the first 4 steps!
Finally, calm down and don’t be afraid, the court summons is just a paper tiger!