The public model products found on the market, when they find out patented problems, sellers with almost an IP consciousness will actively avoid to avoid infringement risks.
We all know that intellectual property rights are mainly divided into three categories: trademark, copyright and patent. On Amazon, infringement issues are frequent, and the exterior patent infringement is one of the most common infringement issues that sellers have encountered. If you accidentally step on the pit of patent infringement, once a complaint, the product is still a trivial matter, and the TRO ban causes the funds to freeze or even shut down the store.
So, is there any way to avoid the problem of patent infringement?
In fact, appearance infringement is difficult to judge, and there are currently no uniform standards internationally.
In the infringement judgment of the appearance patent, my country takes "general consumers" as the main body, while the United States uses "ordinary observer+existing technology" as the rules of judgment. Of course, whether it is general consumers "or" ordinary observer "is not a concept that can be fully determined.
For the rules of the "ordinary observer+existing technology", simply speaking, it is necessary to come up with an ordinary observers. As an ordinary buyer, the product that is charged in his eyes is The design has the same aesthetic effect. In other words, we put the products that claim rights with the infringing products and the existing non -infringement existing designs together. The products that are accused of infringement and products that claim rights have higher similarity to identify infringement.
In our country, Article 64, paragraph 2 of the Patent Law stipulates: "The protection scope of the exterior design patent right is based on the design of the product in the picture or photo. The design of the product expressed. "
my country's "Guidelines for Patent Examination" stipulates that "general consumers" should have the following characteristics:
1 The design of the same or similar types of products before the patent application date involved in the case and its common design techniques have a common sense understanding.
2 There is a certain distinction between the differences between the shape, pattern, and color of the product design, but it will not notice the shape, patterns and color changes of the product.
We can see that whether it is our country or the United States, when your products are similar in appearance to products that advocate exterior patent rights, they will be judged as infringement facts. However, how much this similarity is at present, there is no uniform fixed number.
The Federal Court Court CAFC believes that the premise of infringement for infringement is that the product and appearance design must be identified as the decorative rather than functional aspects of the product that is not exactly the same as the design.
Therefore, if we make a significant difference in appearance design with similar appearance and patent protection products, we can avoid the risk of patent infringement in appearance. logistics shipping
We list a popular product with exterior patent: Paper Roll Cutters of Roll Cuttinger Paper Roll Cutters
This is a product specifically used to cut the rolled materials.
We analyzed the market capacity of the product through Helium10 and the seller elves, and combined with the data of the business opportunity detector to verify.
We found that the market volume of this product in the past year fluctuates between 3000-8000. For a very vertical niche market, if it can solve the problem of patents, it will be very easy to grab a considerable market share after entering the market.
By the way, these two tools have activities in both 11th. The purchase of the seller's Elf Bag Package also has a large box of Chu Orange. The seller who wants to participate in the discount activities can directly scan the QR code below to participate:
Data from business opportunities detectors show that the top 5 products in the current market segment account for 100%of the market share.
For a product with a patent with appearance, there are few similar competition products, but generally, other infringements other than the owner of the rights should be removed. Why can the products of several other sellers be sold safely?
In fact, this niche market is a typical patent evasion case.
The owner of the right owner was sold exclusively at the beginning. However, the second and three -one -after -emerged product design solution for the product development of the product was successively appeared. logistics shipping
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