infringement analysis

China's enterprises are facing increasingly frequent patent infringement disputes. On the one hand enterprises should improve the awareness of patent infringement, on the other hand they should take reasonable measures to resolve infringement disputes.

Patent infringement analysis of the reasons includes: First, to determine the possibility of infringement of their own patents, and to determine their own patent infringement of the possibility of others. Therefore, the patent infringement analysis is divided into anti-infringement analysis and passive infringement analysis.

1, to prevent infringement analysis

To prevent infringement analysis is to avoid the occurrence of patent disputes and take the initiative to a new technology and new products for patent search, and the purpose is to identify possible infringement of the patent. Specifically, the Prevention of tort is a pre-measure to prevent infringement of the patent rights of others, that is to protect the scope of patent protection and to determine the technology to be implemented.

2. Passive infringement analysis

Passive infringement analysis is a search conducted by someone in charge of infringement, with the aim of finding the basis for the invalidation of the infringing patent. Enterprises in the event of patent infringement complaints, should actively respond to those who do not have the necessary patents, duplicate patents, patent exposures and other mining out, or counterclaim patent invalid.

In today's world, globalization has become a trend, through the global economy and market exchanges, the world has long been integrated into the economic community, when the enterprise product marketing to the world, in addition to the pursuit of profits, companies should pay attention to "product infringement" Infringement of the impact of not only lose money, more likely to lose the entire company's corporate image and lifeblood, so "infringement" can be said to endanger the long-term survival of the largest terrorist factors, how the product development and patent protection process Minimize the possibility of infringement? Patent avoidance design is essential.

By combining the following methods, Hamilton Innovation Technology Co., Ltd can provide strong support for enterprise avoidance design.

First, learn from the patent documents to avoid the design of technical problems. Second, learn from the background of the patent document to avoid the design. Third, learn from the patent document in the invention and the specific implementation of the circumvention design. Fourth, learn from the patent review of the relevant documents to avoid design. Fifth, learn from the patent claims to avoid the design.

In the Kodak (Polda) and Polaroid (Polaroid) patent lawsuit, the United States Kodak did not use patent early warning analysis to avoid design, leading to its infringement Polaroid photographed camera patents. The case caused Kodak to lose more than $ 3 billion to make Kodak's ten years of research and development and marketing, and to pay more than $ 900 million to buy more than 50,000 cameras sold in 16 years, shutting down $ 1.5 billion Factories, dismissed more than 700 employees, wasting independent duplication of research funding.

In order to sustainable development, enterprises in the development process to avoid possible risks is extremely important, to carry out enterprise patent analysis, the establishment of enterprise patent early warning system is a wise choice for every business that intends to develop in the long run. The purpose of the patent early warning is to take practical measures to deal with possible patent disputes and to minimize losses in order to safeguard the interests of the state and the enterprise. The establishment of patent early warning mechanism, can make enterprises in the market competition to win the initiative.

Hamilton Innovation Technology Co., Ltd has a wealth of experience in patent early warning analysis, can help enterprises improve the patent early warning mechanism, build a patent early warning platform, carry out patent early warning analysis.

1, improve the patent early warning mechanism.

The so-called enterprise patent early warning mechanism, is the comprehensive use of modern information network technology, enterprises, government, industry associations and related services and other entities organically unified, through the expert system of patent application information, patent authorization information, patent dispute information and domestic and foreign markets Information and national science and technology, trade, investment and other activities in the collection of major patent information to collect, collate, analyze and compare with the pre-set warning indicators to issue the appropriate warning for enterprise decision-making to provide reference to prevent enterprise patent risk purpose.

2, build a patent early warning platform.

To carry out patent early warning work, a patent early warning information platform should be established, first is to improve the early warning information collection system. According to the identified information monitoring, collection of key areas and key objects, will be collected from the various channels of information into the information collection system. The patent early warning information collection system includes the patent information database and the patent information database. The patent information database mainly collects patent applications and authorization status of relevant technologies and products in international and domestic key areas. Patent information collection process, enterprises can take full advantage of network conditions, the establishment of dynamic patent database.

3, to carry out patent early warning analysis.

Patent information data analysis and early warning demonstration is an important part of patent early warning analysis, enterprises can cooperate with professional patent consulting and analysis institutions, with the information collection system data and the use of patent early warning analysis software for patent analysis.