1. When a commercial unit signs a contract with a supplier, it shall include an exemption clause on patent infringement in the contract. For example, when a commercial unit sells the goods provided by a supplier, the supplier takes full responsibility. Terms.
2. After receiving the warning letter of patent infringement issued by the patentee, the patentee needs to provide the relevant patent documents published by China National Intellectual Property Administration, the certification materials to prove the validity of the patent right and the relevant evidence materials of the patentee (if the unit applies for a patent, the legal person certificate; If an individual applies for a patent, ID card), and immediately notify the manufacturing unit suspected of infringing goods.
3. After analysis, patent infringement may be established, unless the commodity manufacturer not only guarantees in writing, but also has the economic ability to guarantee that once the sales behavior of the sales unit constitutes patent infringement, it will bear all the liability for compensation. Under normal circumstances, it is best for sellers to stop selling goods suspected of patent infringement first.
4. After receiving the effective judgment of the people's court or the effective decision of the competent department of patent work (local intellectual property office or patent administration), the business unit shall, under normal circumstances, withdraw the goods involved in patent infringement and stop selling unless the supplier has new evidence to provide.
Suspected patent infringement can refer to the following solutions:
If the product is suspected of patent infringement, check and analyze with the product manufacturer to compare whether the technical scheme of the product suspected of patent infringement covers the technical scheme of the patent right; You can also interview the patentee and listen to his opinions; You can also report to the Intellectual Property Office.
1. Where the design patent right is involved, the patented products in the pictures or photos of the design patent published in China National Intellectual Property Administration shall be compared with the commodities suspected of patent infringement. After comparison, they are considered the same or similar. Therefore, as far as the technical scheme is concerned, patent infringement is likely to be established.
2. Where the patent right for invention or utility model is involved, the technical features described in the independent claims (usually claims) in the patent specification for invention or utility model published in China National Intellectual Property Administration shall be compared with the technical features of the goods suspected of patent infringement. After comparison, if the technical features of the goods suspected of patent infringement cover the technical features of the independent claims, from a technical point of view, patent infringement is likely to be established.