American Patent Infringement Standards and Application Materials
Release time:
2016-11-18 13:43
The first application of a patent will effectively prevent others from using or using the patented design and will help to capture the market. If your exported products involve patents, Nanjing Hua Xun US patent suggests that you should apply for a patent to protect your hard-working design results. Some American enterprises often use the similarity of products as the basis for applying for a court injunction. If your product already has its own appearance patent certificate in the United States, it will enjoy special convenience for exhibition and sales. There is a saying that is quite suitable for current sellers: don't fight others, but protect yourself!
If you want to see whether it is infringement, you must first learn how to inquire about patents. Now you will especially share the US appearance inquiry and application procedures:
1. U.S. Patent Search Websitehttp://www.uspto.gov/
Click Quick Search or Advanced Search, enter keywords in the red circle on the left, and select keyword fields on the right. For example, Samsung has a similar product to sell. You can search for Samsung and product keywords on it, and it will be displayed properly. If it is not displayed, it may sell more comfortably.
2. If no relevant patent is found, the next step is to apply. The process of applying for US appearance is as follows:
If you have the above information, you can contact Yayi Intellectual Property Company.
Term of patent: 14 years from the date of issue.
Example diagram:
The above are just a few reference views. The actual CAD line drawings are definitely not like this, and we have to deal with them professionally.
The above are the process steps of inquiry and application, then the following are the conditions for determining infringement:
Friends often ask: Is it not infringement if the product is different from 6 points?
First of all, there is never a few points of this law that are the same or different, because whether it is infringement is whether two products are similar. And whether it is similar requires the examiner to make a human judgment, just like the same case, you will have different judgments in two different courts, but the most basic factor is:
From the perspective of an ordinary consumer, if AB looks like the same, then 80% of the two products A and B may be similar, otherwise they are not similar and do not infringe.
On the platform, you will not spend your energy to judge whether it is similar or not. You will solve the problem of infringement by not complaining, not handling complaints, and handling complaints. The first condition for complaining is that you have a patent certificate in your hand. If the product you designed is on fire, and then someone else holds a patent certificate to say that you are infringing, but you can't provide anything ...... How to deal with the inventory in the warehouse, I can't think of it anymore. At this point, I only hope that you can provide evidence of "prior use right" and the platform will accept your evidence and resume your product sales at the risk of being sued by the other party together with you.