Chapter 207 I, Mu Yang, Can Do What Others Can't Do!

Chapter 207 I, Mu Yang, Can Do What Others Can't Do!

After Mu Yang finished speaking, Luo Xiang emphasized: "I agree with Mr. Mu Yang's point of view, the first and second evidences are just doubtful points, not enough to prove our infringement;

Zhang San killed someone with a knife, and threw the knife away, but you accidentally picked up the murder knife, can I say that you killed someone?

You definitely don't want to!

The plaintiff’s third proof, the technologies listed, are not within the scope of IGP’s technical patent protection, and the similarities are not enough to indicate infringement, but whether there is a core difference and whether the patent law recognizes it.

There are some similarities, as long as it is an improvement, it can become a new patent, and there is no claim of infringement.

The first point listed is similar in appearance and the same aspect ratio, but there are many structures that are not similar. For example, my company’s chassis has 3 knives at the bend, while IGP’s has 4 knives; their holes are drilled. However, our holes are laser cut, and they are elliptical, with different positions and functions. All of the above are beyond the protection scope of IGP patents.

For example, I bought someone else's knife, and I took it back to modify it. Although it is still a knife with similar structural shapes, I used a new manufacturing process, and then applied for this process. If the patent application is approved, I cannot say It is an infringement, and the patent is not approved, nor can it be said to be an infringement.

13 is also similar to B, but does it represent the same meaning?

It must be different, the main structure is different, how can it be said that they are the same!

It is unreasonable to use similarities as copyright infringement.

The second point is to use the same spare parts to reach 50%. I would like to ask the plaintiff, I think the manufacturers of these spare parts must not agree to only sell them to your family for use.

The third point is that according to the principle of comprehensive coverage, we can define the technical feature of the IGP laser as A+B+C, and because we lack technical feature C, we should determine that our technical solution does not fall within the scope of protection of the patent.”

Luo Xiangzhi’s comprehensive coverage principle refers to one of the five principles of the patent infringement determination method, and it is also the most important principle.

Although the patent systems of various countries are different, the overall principles of determining infringement are similar, and they all abide by five principles: the principle of comprehensive coverage, the principle of equivalents, the principle of estoppel, the principle of donation, and the principle of intentional exclusion.

Generally, the principle of comprehensive coverage is used to judge first. As Luo Xiang said just now, they divide the technical characteristics of the protection scope of IGP lasers into A+B+C. If Xinghai Group’s technical plan includes A+B+C, no matter whether there is If D+E is added, then this technical solution is infringing.

However, if a certain feature is missing, such as C, even if it contains A+B, for example, Xinghai’s technical solution includes A+B+D, and it is determined that it does not fall within the scope of protection of this patent, then this technical solution does not infringe.

If you don't understand this, you may be convicted of infringement at the first instance.

This kind of thing is not uncommon, and some judges and jury experts can't understand this, resulting in misjudgment.

When determining patent infringement, the principle of comprehensive coverage is usually used as the first step in determining patent infringement.

The simplest method is that when it is found that the product lacks one or more technical features compared with the content of the patent claims, it can be determined that there is no infringement, and there is no need to make subsequent judgments.

Of course, this requires the quality of the patents. At the same time, it is necessary to understand similar patents and be very familiar with them. This is a very heavy workload.

And Mu Yang has a good understanding of this patent infringement method. After he got the technology from the achievement point store, he didn't copy it completely, because the reading system would not help him judge whether the technology constituted infringement with other people's patents.

Judge: "The plaintiff's first and second evidences are not enough to prove the defendant's infringement;

The third proof, what do the jury experts think of it? "

Jury expert: "The defendant's attorney is justified. According to the principle of comprehensive coverage, the evidence provided by the plaintiff is not enough to prove that Xinghai Group's laser solution constitutes an infringement."

Judge: "Plaintiff, is there anything else the plaintiff can prove?"

IGP's attorney retorted: "I disagree with the defendant's attorney's point of view. Xinghai Group's use of IGP's lasers is based on this IPG laser. constitutes an infringement.

The most critical similarity is that Xinghai Group's laser works in the same principle as our IGP laser. This alone is enough to show that it has already infringed. "

Jury expert: "If the core structure of Xinghai Group's laser is exactly the same as that of IGP, and IGP has protected the core structure with a separate patent, then the possibility of infringement by the defendant is very high.

We need to conduct a serious comparative analysis on this issue, and ask the plaintiff to provide evidence. "

Mu Yang retorted: "Our laser has already applied for an invention patent."

The IGP attorney did not wait for him to finish, and directly retorted: "The plaintiff has optimized our laser and applied for a new invention patent. It does not mean that having a patent does not mean that there is no infringement!"

"It makes sense!" The jury experts agreed.

Wow!

The onlookers were amazed.

Does it mean that there is no infringement if you have a new patent?

At this point, many people at the scene were confused.

Mu Yang couldn't help but admire the plaintiff's lawyer. His ability to intervene is amazing. It seems that he has a good understanding of patent law.

Damn, the lawyer's mouth is amazing.

At the beginning, Mu Yang had suppressed his arrogance, but it didn't take long for him to regain his mentality.

Although Mu Yang was a little puzzled, the words of the IGP and jury experts were not unreasonable.

It does not mean that applying for an invention patent does not constitute infringement.

This patent law distinction is a bit mind-boggling.

Take a simple example.

Zhang San applied for a patent for a stool, the content of which was very simple, and there was only one claim covered, that is, a stool consisted of a seat and four supporting legs.

Zhang San owns the patent of the stool, and transformed the technology into a commodity. The stool is sold in the market and has achieved a good profit.

After a while, Li Si found it uncomfortable to sit on a stool for a long time. If there is a backrest on the stool, it will greatly improve the comfort.

Therefore, Li Si invented the chair and prepared to apply for a patent.

The technical scheme of the chair also includes a seat and four legs, and the improvement is that there is an extra backrest.

So, can Li Si apply for a patent for the chair?

The answer is: yes.

Because the technical solution for patent application is not necessarily a completely original invention, improvements in existing products and existing technologies can also apply for patents.

Nowadays, with the rapid development of science and technology, completely original and basic inventions are rare, and most of the inventions and creations are improvements on the basis of existing technologies.

The chair invented by Li Si solved the uncomfortable problem of sitting on a stool for a long time. It is innovative, so it can apply for a patent.

The same is true for enterprise R&D, which is to excavate and innovate based on existing technical solutions, so as to solve new problems, improve production efficiency and people's quality of life, that is to say, as long as the solution is creative, it can apply for a patent.

Then the next question is, can Li Si produce and sell chairs?

The answer is: no.

Being able to apply for a patent is not the same as production and sales, because production and sales will cause loss of interests to Zhang San.

As long as a product includes all the technical features of the existing patent claims, it falls into the protection scope of the patent, which is the principle of comprehensive coverage mentioned by Luo Xiang.

The chair includes a seat and four supporting legs, which constitute all the components of the stool, so it falls within the patent protection scope of the stool. Therefore, if Li Si produces and sells the chair, it will infringe the patent right of the stool.

However, if Li Si owns the patent of the chair, others cannot produce Li Si's chair without Li Si's authorization, even Zhang San, otherwise the patent right of Li Si's chair will be violated.

For Li Si, although he cannot produce chairs, he owns the patent right of chairs, which means he has the monopoly right of chairs.

So, what is the significance of Li Si's patent application?

We know that no one applies for a patent just to obtain the monopoly power above the name, but wants to obtain real profits in product sales through the protection of patent rights.

Generally speaking, compared with stools, chairs are more comfortable to sit on, are more popular with consumers, have higher sales volume, and have greater economic value.

Both Zhang San and Li Si want to obtain more economic returns by selling chairs, but due to the existence of each other's patents, neither of them can produce chairs.

If no chairs are produced because of the existence of Zhang San's stool patent, then Li Si's patent will lose its meaning of existence. For the above predicament, the only way to achieve a win-win situation is through cooperation.

Option 1, patent authorization. Zhang San authorized Li Si to use the stool patent, Li Si paid Zhang San the stool patent royalty, and then began to produce chairs.

Option two, cross-licensing. Zhang San authorizes Li Si to use the stool patent, and Li Si authorizes Zhang San to use the chair patent. In this way, both of them can produce stools and chairs, achieve a win-win situation through cooperation, and reflect the value of patents.

What happened next was that Zhang San and Li Si started to cooperate and made a lot of money by selling chairs. Wang Wu was envious when he saw it, and wanted to make a profit by producing chairs.

If Zhang San and Li Si do not approve the invention patent of Wang Wu's chair at this time, what should Wang Wu do?

Option 1, Wang Wu himself continues to develop on the basis of the chair, such as adding armrests to further improve comfort; or improve the chair to lay flat, thereby applying for a patent for a reclining chair. There is also a big market for armchairs and reclining chairs. If Zhang San and Li Si want to produce these two types of products, they also need Wang Wu's permission. In this way, Wang Wu obtained new patent rights through independent research and development, which increased his bargaining chips when facing Zhang and Li in the future.

Option 2, Wang Wu can study the patents of existing chairs to circumvent the technology. For example, Wang Wu can develop stools or chairs that only need three legs, which can avoid the protection scope of their patents.

In general.

Patents can be applied for, but if the new patent includes the scope of IGP's patent protection, if it is produced and sold, it will constitute infringement.

If it is not produced, of course it does not constitute infringement.

Similarly, IGP cannot produce and sell Xinghai lasers.

Mu Yang directly refuted IGP's attorney: "You didn't even look at my invention patent, and you just said that our laser infringed.

However, even if you read it, you may not understand it, no wonder you.

My invention patent has just obtained a release number, and it has not yet been made public.

Although it has not yet been authorized, it is completely different from the lasers in the international market. It is not a problem to finally pass the authorization. I can say that the technical level of Xinghai Group's lasers has reached the world's top level.

It can also be said that it is the first in the world!

This sentence is what I said, and the media reporters on the spot can report like this!

First, this laser was invented by me, and it completely avoids the protection scope of IGP's laser technology. From the principle of comprehensive coverage, it does not constitute infringement at all;

Second, the principle of our laser is fundamentally different from that of IGP, let alone any infringement.

For this laser patent, I have obtained three papers in SCI Zone 2 and four papers in SCI Zone 3, which have proved that I have the ability to develop lasers.

I think that the plaintiff did not understand the basic principle of our laser at all, and you can review and compare the laser patents of both parties. "

"What I want to say is that what others cannot do, I, Muyang, can do, Xinghai Group can do!

Mr. Lu, don't judge the younger generation in Huaguo with your eyes. Our younger generation is no worse than the younger generation abroad.

In the field of top technology, what foreign countries can do, we Huaguo people can do the same;

What cannot be done abroad does not mean that we Chinese people cannot do it! "

After Mu Yang finished speaking, he held up the patent copies and thesis materials that had been copied in his hand.

After being approved by the judge, the staff took his information and distributed it to the jury experts.

IGP's attorney, as well as Lu Yiming, were so shocked by the sudden transformation that he was in a half-delirious state as if he had received an electric shock.

In an instant, I was at a loss!

Ryan, who was watching, obviously saw the changes in the two people at the scene, and through the translator, he also knew what was going on.

impossible!

How could the Xinghai Group develop the world's most advanced lasers, which are completely different from IGP's lasers.

Absolutely impossible!

I originally wanted to explain the patent infringement trial method in detail, but it seems that many people do not like to read this