Strategies for Coping with Laser Marking Patent Disputes

In this article, we will look at some real cases, and use them to analyze common types of patent disputes in the laser marking industry, and how to deal with them.Combining patent infringement countermeasures and intellectual property legal risk prevention, the center provides enterprises with practical solutions, helping them avoid the risk of technology infringement and enhancing their intellectual property management capabilities.

This is a common scene in laser marking patent disputes.

Laser marking technology has many applications, but patent disputes are often concentrated in two areas. One is when the technology or equipment is highly similar, and is judged to be a form of "copying." The other is when a customer's customized requirements happen to use someone else's patented solution.For example, a company that bought components from a third party and then used them to make a product that infringed on a patent had to pay damages of several million dollars.In such cases, it's best not to think that "if a lot of people are using it, it's not infringing." The risk of legal action may be closer than you think.

What should you do if you are sued for patent infringement?

A technical comparison was immediately begun.

If you receive a letter from a lawyer, don't panic. First consult a specialist in intellectual property law and a technical expert, and compare your own product with each claim of the other party's patent.One company discovered that the patent in question did not cover the core function, and was able to overturn the decision by filing a specific objection.

Gather evidence of prior use.

If your product has already been publicly sold or exhibited before the other side's application date, gather up contracts, receipts, photos of exhibitions, and other evidence to present.Last year, a firm in Shenzhen was able to use transaction records from three years earlier on Taobao to successfully claim prior use.

Consider the possibility of cross-licensing.

If you run into a patent that you can't get around, it might be worth checking to see if the other side is using your technology.Two companies from Zhejiang Province resolved a dispute by agreeing to "you use my software, I use your optical design." They even formed a technical alliance.

Three ways to avoid patent problems.

Conduct regular patent alert analysis.

It's definitely worth spending money to do an FTO before a new product is launched.A northeastern firm once overlooked this step, and 200 sets of equipment were seized by customs as soon as they left the factory.

Establish an internal patent database.

The patents are classified by technical category, so that they can be consulted during research and development.One company in Jiangsu Province used this method to reduce its research and development cycle by 20 %, and even found three new patents that it had not previously considered.

The firm has also been working to protect its clients 'solutions with patents.

When accepting an order, it is essential to include in the contract a warranty that the intellectual property is free of encumbrances.A Guangdong factory was thus able to avoid liability, and the client ended up having to pay the entire compensation.

Psychological tactics for dealing with disputes.

Don't let the other side's exaggerated claims intimidate you! Many companies will deliberately inflate the amount in order to create pressure.Keep calm and communicate. When necessary, seek an independent third party to arbitrate.Remember, courts usually award 10-30 % of the amount claimed. Last year the average amount awarded was NT $ 820,000.