Moats, protective nets, tiger teeth–patents
This year, we won a patent lawsuit for turning and milling universal drills in Germany. Our opponent is a well-known European distributor. I would like to share some experiences with you!
Firstly! In any case, the original files must be kept intact, quotation documents, shipping documents, meeting materials, counterfeit sales invoices (the product name must be clear) and even sketches. For the judge, he is a neutral arbiter, and he judges the winner based on the evidence. For example, thanks to the entire team for keeping the documents from many years ago, the German lawyer was surprised! (He was invited by the Taiwan Patent Office to give a speech in Taiwan), what is even more exaggerated is that Mr. Rocky still retains the hand-painted early drawings that he discussed in Italy 9 years ago! We all are amazed! ----A good habit can never be formed in one day, but accumulated over time!
Generally, infringement is divided into front and back classes according to time. Most of the first classes are in the nest. The money is in your pocket. If you don’t show it, no one will know. Customers trust, and then replace you with other products. There are more dealers occupying the agent position, the unpopular models use your inventory, and the best-selling models are produced by themselves. When the time is ripe, they will completely abandon you and fight directly with you. The most painful places are your own. Choosing a business partner is as important as making friends.
The latter part of the class waits until the market share is obtained. If you want to take advantage of the ready-made, you must attack at first, otherwise everyone will copy it, and you will not respond, and they will attack you---- a company copied you before me. Didn't get caught? It's really a thief shouting to catch a thief, louder than you. What's more, no one in Europe, America and Japan will treat you as a tiger, and if the patent certificate has no attack power, it is just like a tiger without teeth, just a big cat!
When you start a cross-country lawsuit, you must be mentally prepared, and you must have time, energy, intelligence, perseverance, and financial resources in place. Generally, domestic patent law firms can write warning letters, but they have little experience in cross-border patent lawsuits, and even take the initiative to persuade them to quit! Choose carefully. Foreign lawyers are very snobbish and only want to catch counterfeiters in Taiwan. They generally think that Taiwanese businessmen are very meaty. If they write to scare you, you will not dare to move. In general, the plaintiff's information of Taiwanese businessmen is not strong enough! When the chances of winning are not big, usually foreign lawyers will tell you to stop fighting and settle the matter, so as not to earn a lot of lawyer fees and lose face!There is also a non-EU country like us. If we want to file an infringement lawsuit, the court must make sure that you are really determined to fight. First, pay a deposit, depending on the size of the case, ranging from 50,000 to 100,000 euros, as much as hundreds of thousands of euros. This deposit and other lawsuits Close the case (sometimes betting for a long time!), return when you win, and pay for the opponent when you lose. It is recommended to transfer the euro directly to the margin, which can reduce part of the exchange difference, and the entire capital flow is clear.
Legal fees are also a big expense. Reading letters, replying letters, copying, finding materials, and appearing in court are all billed on a per-cent basis. About 5 euros per minute, about 2400 euros per day, remember to ask a lawyer to go to EMO to search for evidence once, and the billing will start as soon as you leave his house, high-speed rail, taxi, and tickets will be charged separately. It’s about 200,000 Taiwan dollars in one day! Go to court for 100,000! It’s a waste of money! If the lawyer’s requesting unit is regarded as Taiwan dollars, the mood will be much more relaxed.
When preparing defense materials, you have to catch the night shift yourself. The lawyer just turns your materials into legal texts. You have to prepare the basic ingredients yourself. Finding one opponent’s weakness is more effective than finding two of our advantages. In terms of the power level of the patent, the original patent text Claim is the most important, better than the picture example. So when you first start applying for a patent, don’t worry! It must be scrutinized word by word, the content is not too much, the most important point must be in place, don’t think about the situation.
Patents are territorial. If you have an application area, you can naturally claim your rights. If you don't have an application area, you can only bark the train. However, you can tell the other party where I have patents, especially in the United States. The US market is a must for our cutting tool industry. At the point of contention, warned the opponent that I have heavy artillery here, and don't take a step beyond. The patent fee must be spent on the edge, and must applied at the country where you sell your product! Don't miss the counterfeit country! Industrial advanced areas need to apply. Other you can only go with luck - wait, wait for the opponent to sell the counterfeit to your minefield, get it in one fell swoop, and give it a bash.
After these air force announcements, we still have to rely on the Marine Corps to land and fight head-to-head in the street! Carry out the most powerful attack in the base camp of counterfeiters, give strong support to sales agents, attack wave after wave, and discount! Giveaway! Matching Promotion! Old for new! ‧‧‧‧Let the opponent retreat in spite of the difficulties, and let the partners feel that we will stand firm to the end. Of course, you must have strong products on hand, otherwise it will be like setting off fireworks, shu! shu! It’s gone in two.
Patented products must be niche products at the beginning, and it is more important to find ways to form linear products and then form mesh products to make themselves like a patent castle, interlocking with each other. It is even more important that key products have various patent protections. There is no strong domestic demand market support. To work hard in the international market, you must have a patent. There is no guarantee of unimpeded passage, at least it has the effect of ensuring safety! Come on everyone!