How to accurately identify whether there is product patent infringement? To all e-commerce sellers

As we all know, the more popular a product is, the more attractive it will be, and the more problems it will bring, including patent problems. At present, Amazon platform is one of the biggest cross-border sales, and the opportunities and challenges faced by e-commerce sellers on the platform are also the biggest, and the most feared challenge is the rectification of patent issues. For businesses that do have problems with patents, the final result is often that their accounts are blocked and their funds are frozen. Although there is still room for recourse, there are very few businesses that can really escape the infringement.

Therefore, Mai Jia supports to share some ways of judging patent infringement here. I hope that everyone will never ignore the importance of product selection and be highly conscious of infringement.

1. Pay attention to the key points of product appearance patent identification.

For different types of products, the focus of distinguishing whether the appearance patents are similar or not is also different. For three-dimensional types of patents such as home appliances and toys, the identification is mainly based on the appearance, while for products such as pictures and wallpaper that pay attention to graphics, the shape is not so important. However, it should be noted that the color difference is generally not used as a criterion to distinguish whether patents are similar.

2. Never ignore the differences in details.

There are many sellers who are accused of infringement unintentionally, and even feel wronged, which is because many sellers do not pay attention to the nuances of products. That is to say, on the whole, the external contours are similar, and it is precisely because of some details that the product is marked with a unique patent, that is, this tiny difference may lead to the crime of infringement. Article 31, paragraph 2, of the Patent Law mentions that if the overall observation has the same design or design features, and there are only some minor changes between them, then the designs of the two are similar.

3. Clear omission is the standard condition for defining similarity between two products.

As a seller who prays for stability, it is necessary to make clear which content similarity will not be defined as infringement. Mai Jia supports the following points: product specifications, material texture and internal structure, which can be ignored when selecting products. Because they are not the contents that need to be protected in design, the infringement judgment will not pursue these standard conditions, so the seller can choose not to consider these aspects.

4. Functional use is not regarded as the content of appearance patent protection.

In addition to the above three points, purely functional design is not the content of appearance patent protection. After all, from the common sense, the value of the product is to meet people’s needs, just like the wheel can only be designed as a circle no matter how it is designed, and other shapes can’t be used at all, so people will certainly not accuse infringement in this respect. Therefore, sellers can ignore the infringement risk of pure functional design in product selection and design.

5. The product is confident and should respond positively.

If you are sure that your product is not infringing, you should also actively respond to the email sent by the platform. Being positive here means having a positive attitude, and remember not to use the words “may” or “should”. Even if the hope of winning the case is slim, we should respond positively, communicate with each other as friendly as possible, clean up the remaining inventory in time and reduce our losses.

The above are warm suggestions from Mai Jia’s support. Whether you choose products in the early stage or formally operate in the later stage, you can use them as a reference. I hope these reminders can help you avoid being labeled as infringement.