Release date: 2018-05-21 Source: Guzhen Lighting News Sharing: For the lighting industry, the design is the most prominent part of the luminaire design, and it is also the most easily copied by the peers. In the lighting industry, many lamp people have certain misunderstandings about the patent application and maintenance of the luminaire design. . Today, Li Qing, the director of Guangdong Guohuang Law Firm, answered these questions for us one by one. Misunderstanding one The lighting products of the same appearance can apply for two patents, and the State Intellectual Property Office issues licenses indiscriminately, and the patent certificates are useless. This phenomenon does exist. A company applied for a design patent for a certain lighting product, obtained a patent certificate and obtained authorization. Company B also applied for a design patent for the same lighting products, and also issued a patent certificate and obtained authorization. A company applied for the former, and company B applied for it. The reason for this phenomenon is because China's design patent application is a formal examination, that is, if the submitted application materials are qualified in form, the patent certificate can be authorized, and the substantive examination procedure is not carried out. In response to this phenomenon, the prior applicant can also sue the infringement of the later applicant, and the court directly determines that the latter applicant constitutes an infringement. The prior applicant may also file a patent invalidation request with the National Patent Reexamination Board. Misunderstanding 2 The design patent application has little effect, and the appearance is slightly changed and it will not be infringed. Judging whether it constitutes an infringement of a design patent, the criterion is to see whether the design of the alleged infringing product is identical or similar to the design of the patent, and if so, constitutes a patent infringement of the design. The so-called slight change in the design, although a little change, but certainly constitutes a similar appearance to the patent. Whether the design of the patented product and the design of the alleged infringing product are identical or similar, the two should be compared. 1. If the main design parts of the shape and pattern of the two are the same, they should be considered to be the same design; 2. If the main design parts of the constituent elements are the same or similar, and the minor parts are not the same, they should be considered as similar designs; 3. If the main design parts of the two are not identical or not similar, they should be considered as different or not similar designs. In the judicial practice, when the design infringement judgment is specifically carried out, the enterprise considers that the size, collection, internal structure and product performance of the product are most likely to be taken seriously, and is regarded as a point of attention for determining whether they are the same or similar. However, these contents are not the content of the design protection, but the content to be excluded in the authorization review. Therefore, it should not be considered in the determination of infringement. That is to say, when the infringement judgment is made, the changes in the controlled infringing products and the patented products, the changes in the materials and the internal structure are not considered, and they cannot be considered as different reasons. Misunderstanding three Patent applications are mainly for the protection of themselves, do not want to be told by others or to sue others. Chinese people are ashamed of litigation, which is a custom of tradition. The original intention of companies to apply for patents is to protect the company - not to be the defendant, not to sue others. There have been products that were originally developed by A company. When B found that the product market responded well, it took the patent application. Later, the B company in turn sue A company for patent infringement of the product. A company dumbly eats Huang Lian and eventually loses money to B. Plagiarism in the lighting industry is very serious and has a long history. Some manufacturers' so-called design is to dress up customers in the various lighting stores, there are new, just sneak shots, or buy. If the store is strictly guarded, the foreign dealers will be arranged to purchase it, and will be intercepted at the shipping department after delivery. The efficiency of imitating the new model is very high and can be launched within a week. The plagiarized company is miserable. Research and development costs are very high. Paying the salary of designers and engineers, the initial cost of proofing, mold opening, etc. is tens of thousands of yuan, and more than 100,000, hundreds of thousands. The development of more than a dozen products, and finally become the best-selling products accepted by the market, but only one or two. When the product is just accepted by the market, the imitation goods also appear quickly. Improper domestic, rich, and foreign imitation. If a company only pays attention to patent applications and does not protect rights, it cannot protect the company itself. Misunderstanding four Long-term rights protection and high cost. After two years and two years, the products are out of date, and the lawsuit is useless. Enterprises do not innovate to die; after enterprises innovate, they do not take legal rights to defend their rights, and they are also dead. Horizon, Xinteli, Qilang, Op, and other enterprises are all active in legal rights protection, and “play†dignity in enterprises. It is said that the best protection is not defense, but offense. The company that has been accused once has raised the awareness of the protection of intellectual property rights. In the subsequent imitation products, it also paid considerable attention to and circumvented the infringement of patent products. More lighting information is available at https:// Label: lamps wholesale lighting procurement lamps to join billion lamp network We make OBD connector with terminal by ourselves,
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