Is the application for patent acceptance successful?

1. The notification of patent acceptance only indicates that China National Intellectual Property Administration has accepted your application. Usually, the utility model is a preliminary examination, and the examination standard is low. If the third party has no objection, it is possible to repeat the authorization, and you may get a patent authorization certificate.

2. The utility model may fail. According to the second paragraph of Article 57 of the Patent Law of People's Republic of China (PRC), the people's court or the administrative department for patent affairs may require the patentee to issue a search report made by the patent administrative department of the State Council. The court usually requires the obligee, that is, the plaintiff, to provide a utility model search report (the cost is 2400 yuan), and the defendant can usually file an invalidation lawsuit to suspend the lawsuit.

Suggested litigation strategy

1, carefully study whether the patent you applied for belongs to the protection scope of the other party, and if not, take it as a defense.

2. Even if it falls within the protection scope of the defendant, if you only apply for a similar patent, you don't need to bear the corresponding legal responsibility. For utility models, the way of patent infringement is: manufacturing (whether you know it or not), using or selling it knowing that it is a patented product.

3, even if it constitutes infringement, the compensation standard is:

1) The actual economic losses suffered by the patentee due to infringement shall be taken as the compensation amount. This method is generally used when the patented product market is relatively stable and the sales volume is stable or rising.

2) Take all the profits obtained by the infringer due to infringement as the amount of compensation for losses. This method is generally used when the patentee and his permitted assignee have not put the patented product on the market. ?

3) Take a reasonable amount not less than the patent license fee as the amount of loss compensation. This method is generally adopted when the patentee does not put the patented product on the market and the infringer does not profit from the production and sale of infringing products.

The first two require the patentee to provide evidence, which is very difficult.

4. If the amount of compensation involved is high, we can consider delaying the litigation strategy. The general court will ask the utility model obligee to provide a utility model search report, and first estimate whether the patent has three characteristics. If the report proves that the patent is novel, creative and practical, you can consider filing an invalid application (fee 1500) to suspend the lawsuit, and consider whether there is a chance of reconciliation or mediation in the process.

Consult a professional lawyer for specific operation suggestions.