after the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes. 3. What measures should enterprises take to reduce intellectual property infringement disputes? (1) Improving the competitiveness of enterprises through technological innovation There is a general problem of insufficient talent, technology and capital conditions in Chinese enterprises. Therefore, enterprises should improve their competitiveness through technological innovation on the basis of their own reality and traditional industries, and they can also transform into scientific and technological enterprises through industrial upgrading. Small and medium-sized enterprises, in particular, are easy to transform into technology-based enterprises as long as they have a good grasp of opportunities. At present, there are many industries such as information technology, biotechnology and new materials, and their prospects are very broad. As long as there are suitable technical talents and funds, they can develop. (II) Intellectual property protection measures are closely linked with enterprise management. Enterprises should make a comprehensive plan for the protection measures of patents, copyrights, trademarks, etc. for products that have been developed or are about to be developed, which are reflected in registration, management, contracts, labor contracts, etc., and are closely linked with enterprise management. For example, for new products that have been successfully developed, they can be protected by applying for patents, or they can be protected as trade secrets, and they can also be protected by scientific and technological achievements appraisal, decentralized parts processing channels and so on; Specifically, it should be analyzed and planned in detail to decide which part will become a trade secret after strict measures, which part will apply for a patent and which part will be made public. For example, the part of technology with well-known characteristics and proprietary characteristics should be classified as patent technology, while the core part of new product technology secret and the part that is easy to be copied and unique should be applied as trade secret to protect new product technology and business information. For the design, procedure, new product formula, production technology and experimental method in new product development, and for the information closely related to new product management with secret nature and economic value, including customer list, source information, production and marketing strategy, financial situation, pre-tender estimate, etc., we rely on the law and daily management, and protect it by economic means. In addition, the comprehensive planning of enterprise intellectual property protection measures should include the proper balance of various legal protection means such as trade secrets, patents, copyrights, trademarks and anti-unfair competition, find out the most suitable legal protection means and strategies in the market situation, and make it a complete system. (3) Establish and improve the early warning mechanism of enterprise intellectual property rights. Take patents as an example. The early warning mechanism of patents mainly includes three parts, namely, information collection mechanism, analysis and processing mechanism and alarm mechanism. Take the tracking, early warning and monitoring of patents as an example. First, for authorized patents, all necessary measures stipulated in the Patent Law should be strictly implemented, including: marking the patent mark, patent number and patentee on the patented product or the packaging of the product; When transferring patented technology to others, a written contract shall be concluded and the registration formalities shall be handled with the Patent Office, the patent certificate and relevant evidence indicating the patent shall be properly collected and kept, and the annual patent fee shall be paid on time. Evaluate the innovation of authorized patents in time, find out the invention height of authorized patents, and distinguish which ones are for strategic protection, which ones are for occupying recent sites, which ones can be implemented, and whether it is necessary to carry out follow-up development work according to their different values. The second is to evaluate the authorized patents of competitors or partners, and should also be treated differently, distinguishing between technologies that can be developed by themselves or jointly, technologies that can participate in competition, and technologies that are worth buying. And arrange special personnel to collect information, find patent applications put forward by others that may harm the interests of the unit in time, and put forward opinions to the Patent Office in time. If a patent right has been granted, request the Patent Office to revoke the patent right or request the Patent Reexamination Board to declare the patent invalid. Third, pay close attention to whether there is unauthorized use of the patented technology of this unit in the same industry at home and abroad, and once found, take immediate measures to stop the infringement of the other party. Track, investigate and analyze the patent application, authorization and disputes, as well as the current situation and development trend of patents in trade, and formulate early warning plans for intellectual property rights. (IV) Remedies against Wrong Authorization When handling a patent infringement dispute case, the court should determine the scope of protection of the patent involved in the case as a comparative basis for infringement judgment. A basic principle of patent protection is that all technical features that have not been claimed can not be protected. Therefore, the scope of protection of the patent right shall not exceed all the necessary technical features in the claims. Although the patent rights are granted only after being examined by the patent administrative department, it still does not rule out the possibility that the granted patent rights are not patentable. The granting of a wrong patent right may infringe on the rights of the public, so many countries have provided the public with a remedy against wrong authorization. The patent law of the United States stipulates that the patent right can be counterclaimed to the court, and in China, the patent right can only be declared invalid to the patent administrative department. Therefore, Chinese enterprises should be good at finding hidden defects in intellectual property infringement litigation when dealing with malicious infringement litigation. How do enterprises deal with malicious infringement litigation and what remedies are available against wrong authorization? Take patent rights as an example. First, we should collect evidence of the other party's subject qualification, including: mastering whether the other party enjoys the patent right, and second, we should collect concrete evidence of whether the patent right is flawed, which can be obtained from the patent management department by searching patent documents. If there is evidence that the prosecution's patent has lost its novelty or creativity, the accused can apply to the Patent Reexamination Board for invalidation of the patent right. Once the patent right is declared invalid, the infringement will naturally not be established. In addition, the accused should analyze whether their actions constitute infringement. If the accused party confirms the fact of infringement, it should not use a tough attitude to intensify contradictions. The accused should take the initiative to admit his mistake, strive for reconciliation and avoid litigation; It is also the most commonly used way to solve the patent infringement disputes of enterprises through self-reconciliation. Through reconciliation, the infringer can make appropriate compensation for his own infringement, and sometimes the infringer may be exempted from compensation through concessions from both sides. The patentee can also conclude a patent licensing contract with the other party according to his own implementation ability and status, so that the infringement dispute can be satisfactorily resolved. (V) Strengthening the awareness of prevention and legal system construction, and curbing malicious infringement litigation malicious litigation is a special phenomenon that has occurred in intellectual property litigation in recent years. It is an illegal act in which the parties file a lawsuit for pursuing illegal or improper interests or achieving other illegal purposes based on malice. The reason why malicious lawsuits against intellectual property rights are filed or even succeeded is largely due to the defects in the legal system, especially the litigation legal system. Because "malice" violates the principle of good faith and undermines good customs, legislation in various countries generally stipulates that malicious acts are invalid or uses various legal measures to impose necessary sanctions on the perpetrators. At present, although there is no special provision for malicious litigation of intellectual property rights in China, judicial organs have taken measures at the institutional level. For example, the Supreme Court's two judicial interpretations on temporary injunctions before patent and trademark litigation, and the reply on "confirming non-infringement litigation" have all played an active and effective role. At the same time, in the revision of the Patent Law, China should add criminal provisions to crack down on malicious infringement, investigate the criminal responsibility of malicious infringers who caused great economic losses to the patentee, and confiscate their illegal income. The exemption clause should be added. For the non-malicious infringement that unintentionally involves patent infringement and stops in time after being informed, it can be exempted from punishment and compensation through administrative mediation, so as to realize the harmonious development of Chinese enterprises, strengthen the protection of intellectual property rights of enterprises and improve the protection level of intellectual property rights of enterprises. Among many solutions to intellectual property problems, patent Infringement Search has become a very important link, which is divided into anti-infringement search and passive infringement search. Anti-infringement search is a patent search for a new technology and product to avoid patent disputes, and its purpose is to find out the patents that may be infringed by it. Specifically, the search to prevent infringement is a pre-emptive measure to prevent infringement of others' patent rights, that is, to check the protection scope of existing invention patents before production and sales, and to determine whether the technology and products to be implemented by ourselves fall within the protection scope of existing effective patents, so as to take reasonable countermeasures. Passive infringement retrieval is a retrieval when someone is accused of infringement, and its purpose is to find out the basis for filing an invalid lawsuit against the infringed patent. Some patentees, especially foreign patentees, rely on patents to gain market monopoly position, ignore the principle of patent regionality and the rule of exhaustion of rights, refuse licenses for no reason, set abnormally high license fees, and seize excessive monopoly profits. Therefore, once an enterprise encounters a patent infringement lawsuit, it should actively respond to the lawsuit, distinguish those unnecessary patents, duplicate patents and invalid patents, or counterclaim that the patent is invalid. Once supported by the court, the patent infringement lawsuit will be completely overturned. The experience of judicial practice in the United States shows that about 46% of patent infringement cases in the United States are closed with invalid patents, except for cases of settlement, dismissal and withdrawal. About half of the remaining cases will be ruled as non-infringement. 5. Related services that Shenzhen Zhongyi Patent and Trademark Office can provide: 1. Anti-infringement search: provide patent investigation and analysis of others related to products or technologies to be implemented, find out the existing patent protection scope and judge whether the scheme to be implemented falls within it, which can be used by any unit or individual to determine the risk of patent infringement in the implementation of product manufacturing, product sales and product import, and take timely evasive measures. 2. Passive infringement search: provide information about the patent term, patent regionality, whether the patent right is terminated, etc. of the patented invention, and search for the literature basis that can invalidate it, which can be used by any unit or individual to defend patent infringement litigation. 3. Patent circumvention design: that is, "circumvention design", which helps enterprises to study a patent of others and then design a new scheme different from others' patents protected by patent law to evade others' patents. 4. Patent early warning analysis: based on the patent data of a certain industry or field, the patent information is analyzed from the aspects of overall trend, region, applicant, inventor and technology, and the patent information is early warned from the perspectives of hot spot tracking, patent output index and competitive investigation.