Application And Planning of Enterprise Patent Strategy (Part-Three)

3.2. In the process of project development and research, track the development of relevant technologies, and update patent search information if necessary;

3.3. After the completion of the project, study and jointly formulate a patent protection scheme with the project developers;

3.4. When a patent infringement lawsuit occurs, formulate a technical judgment report on patent infringement, and put forward a technical scheme to avoid infringement when necessary;

3.5. Study the technology development status of the industry to which the enterprise belongs, track the patent technology development of competitors, formulate countermeasures and issue warnings in advance. The main contents include: in which important industrial fields, which foreign enterprises have submitted patent applications, and what proportion? And what important technologies are involved in these patent applications, and what is the level of these technologies? When the results of the above comparison reach the preset alarm level, the state can issue early warning information through appropriate mechanisms to remind enterprises, industry associations, government agencies and research institutions in relevant fields to quickly adopt countermeasures.

3.6. Formulate enterprise patent application, patent technology utilization, patent license and transfer plan. The specific contents of the enterprise patent emergency and early warning mechanism mainly include:

3.7.Understand what competitors are doing?

3.7.1. Search the patent technology development information of competitors from the patent database, including patent application, withdrawal, patent authorization, termination and invalidity;

3.7.2. Search competitors’ technology R & D information from non patent databases, including enterprise publications, conference materials, project release, bidding, financing, advertising, cooperation, visits, etc.

Measures for the generation of independent patent rights, the utilization and protection of patented technology, especially the response to the infringement of independent patent rights.

3.7.2.1. Formulate the strategy of technology research and development, and whether to research and develop the first invention or improved invention is determined by the technical ability of the enterprise;

3.7.2.2. Decide on the time of patent application, the content of disclosure, the scope of protection and territory;

3.6.2.3. Pay attention to the reply to the patent examination opinions and the adjustment of the scope of protection;

3.7.2.4. Determine the implementation, license and transfer plan after the patent application is authorized;

3.7.2.5. Improve the protection of patent rights and implement them through defense and attack strategies.

3.8.The management of patents and technical secrets shall at least include the following items:

3.8.1. Provisions on the implementation license and production license of patented technology;

3.8.2. Provisions on the transfer of patent applications and patent rights;

3.8.3. Provisions on the ownership of the application right and patent right of the invention and creation of enterprise employees, as well as provisions on the reward of inventors, in order to prevent the transfer of technology;

3.8.4. Formulate provisions to prevent the disclosure of trade secrets (including technical secrets);

3.8.5. Timing of initiating temporary measures and border measures;

3.8.6. The declaration of government incentives, including the preparation of documents and data statistics, should prevent the disclosure of trade secrets.

3.9.When an enterprise is accused of infringing patent rights, the enterprise should seriously deal with it, and the specific measures include:

3.9.1. Experienced professional technicians, legal personnel and patent agents shall make a technical judgment report on whether to infringe;

3.9.2. Make reasonable use of judicial or patent laws and administrative rules;

3.9.3. Counterclaim with invalid request;

3.9.4. Use the cross license to negotiate the cooperation intention with the plaintiff;

3.9.5. Start the rapid response procedure and make full use of external resources.

3.10.Warning release:

3.10.1. Recent warning (the precursor of the alleged infringement);

3.10.2. Issue a warning in advance and report to the decision-making level of the enterprise at any time after studying the situation that competitors can find intermediary services with patented technology tracking;

3.10.3. As the formulation of the defendant’s countermeasure plan;

3.10.4. The formulation of the plaintiff’s countermeasures, including the time of warning, the choice of administrative or judicial channels, the time of request for processing or prosecution, pre litigation evidence preservation, border measures, etc.