Engineering machinery: this year's popular patent rights
Patent right is a problem that every industry pays much attention to. Therefore, every invention invention will have an exclusive patent application, just like everyone's ID card, is a unique description, and also a maintenance of rights.
Recently, sunward and lishide for patent infringement and much raise a Babel of criticism of the State Intellectual Property Office, the State Intellectual Property Office after examination and careful investigation, finally in February 25th to determine the conclusion of the reply, the Patent Reexamination Board issued the "invalidation request to review the decision book", maintain the sunward validity of the patent right.
For this ruling, sunward announced in February 24, 2016 the latest "on the sunward hydraulic hybrid excavator patent infringement alleged statement (Continued)" (hereinafter referred to as "the statement (Continued)") announced that as of the date of announcement of our company, ES series hydraulic hybrid excavator involved in patent technology maintain effective, and not by any authority or forms of cooperation with other enterprises or individuals including lishide Corporation, a patent technology licensing."
The dispute originated in "an excavator boom" patent application, the two sides have expressed their each one sticks to his argument, products. According to the relevant website reported, sunward explicitly states that the swe385es hybrid hydraulic excavator, excavator and lishide 4 sc3620, sc4025, sc5030 and sc7650 as the "surplus World" in the name of a series of energy-saving excavator.
One intellectual property analyst said, "the above statement of the mountain and river intelligence is to express the risk of patent infringement to the relevant subject of possible suspected infringement." This is an extension of the risk of patent infringement disputes on the whole industry chain. "
The analysts pointed out that the "sunward contests" won the "patent law" article eleventh legal essence, patent rules and market rules combined with.
According to China's "patent law" the eleventh stipulation: "the invention and utility model patent was granted, unless otherwise prescribed in this law, no unit or individual without the authorization of the patentee, not implement the patent, which is not for production or business purposes, offer to sell, sell or import the the patented product, or use the patented process and use, offer to sell, sell or import the product directly obtained the patent."
In the February 24th statement (Continued), Shan He also pointed out: "other enterprises or individuals, such as all products that use our patent technology, will be suspected of patent infringement. Our company reminds your customers to pay attention to tort legal risks when purchasing related products for business use, and pay attention to risk aversion in terms of purchase agreement.
About the dispute, the Hunan intellectual property information management. According to this review, theory of sunward lishide and its dealers and customers to buy lishide 'surplus' related products may be suspected of infringement claims further series of safeguard measures, including: to stop the infringing products production, sales, sales, licensing use request seized suspected of infringing products, destruction of infringing products, claims infringement losses etc..
Sunward side is reasonable, but the statement although harsh words, but in the implementation of the means is for. Retain the cards, do the rational, and according to this day, in the intellectual property in the game is a wise strategy. As to whether the mountain and river intelligence will take further severe measures or conciliate the case by authorizing permission? May depend on the next step response and de lux attitude. But before the dust settles, dealers and purchasers of the alleged infringing products should pay attention to patent legal risks and avoid unnecessary losses.
On the issue of property rights, and whether the Xiaobian want to say, which is right and which is wrong, they can learn from, to do, ask himself is stolen, the property dispute is not what strange things, in all walks of life are more common, not only to remind you, even adults, have self-respect.
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