1. What should I do if the appearance patent is sued?
(1) It should be that the other party applied for a utility model or appearance patent for the product and complained about your infringement on Taobao;
(2) The utility model and appearance can be authorized without substantive examination, and it is entirely possible for the other party to apply for a patent for your product and sue you for infringement;
(3) The act is suspected of maliciously applying for patent protection and should not be protected by law. You can seek legal aid through proper channels;
(4) It is suggested to apply for patent protection for your product design as soon as possible to avoid similar situations.
Second, how to sue people who owe money and don't pay it back?
If the other party fails to repay the money owed, it shall bring a lawsuit to the people's court. First of all, the indictment should be written. If it is really difficult to write, you can sue orally. Then you have to take the evidence and the indictment to the court to file a case and pay the legal fees. After examination, the court will make a decision on whether or not to accept it. If it is accepted according to law, it will hold a hearing. Finally, the court will decide according to the specific circumstances. If the other party still refuses to repay the loan after the judgment of the people's court, it may apply for compulsory execution.
According to Article 188 of the Civil Law of People's Republic of China (PRC), the limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Three, how to deal with the appearance patent infringement
(1) How much do I have to pay for the patent book?
For the part before the announcement of his patent authorization, because the patent right has not yet been produced, you have no infringement and you don't need compensation at all.
(2) If I stop producing and selling this product before the other party gets the patent, do I still need compensation?
No need. The answer is the same as 1.
(3) The products of the other party are completely transparent. If the body (pen) of my pen is solid color, does it still constitute infringement?
This is not clear. Because similarity seems to be infringement. Depending on whether they are similar or not.
(4) Is it illegal for the other party to mark the patent number on the product before the patent is approved?
Yes, patents that are not approved cannot be marked. You can report to the industry and commerce department and the intellectual property law enforcement department.
(5) The other party also copied a patented similar product on the market, but the shape was modified, but the printed part of the pen body was still similar to that one, and the marked model was the same. Is the other party's patent still valid?
It doesn't have to be like this. It depends on whether his patent application is the same as or similar to the existing design.
In fact, if you make the product or make preparations for making the product before his application date, but it does not constitute publicity, you have the right to use it first, and you can continue to make it within the scope determined before the application date.
If you have published the product or design drawings before his application date, you can:
If the novelty of the design application is destroyed, the Patent Reexamination Board may be requested to declare its patent invalid.
Even if he accuses you of infringement, you can defend it with freely known technology.
The above is the knowledge about how to deal with the appearance patent being sued. If the appearance patent is sued for infringement, we should actively respond to the lawsuit, and we should bear the corresponding liability for compensation for the infringement of the rights and interests of others. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to help you.