We buy the case from a moulding company in SZ for more than 2 years,and the case already come out for more than 3 years,but recently one HK company registrate it in HK  and UK  ,and they complain to our customer so that they can't sell it any more ..

 

At this case ,what should we handle it ?

 

Quoting from [snowmay]:

Recently we have one webcam patent problem ..

We buy the case from a moulding company in SZ for more than 2 years,and the case already come out for more than 3 years,but recently one HK company registrate it in HK  and UK  ,and they complain to our customer so that they can't sell it any more ..

 

At this case ,what should we handle it ?

 

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Quoting from [snowmay]:

Recently we have one webcam patent problem ..

We buy the case from a moulding company in SZ for more than 2 years,and the case already come out for more than 3 years,but recently one HK company registrate it in HK  and UK  ,and they complain to our customer so that they can't sell it any more ..

 

At this case ,what should we handle it ?

 

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Thank you ..but right now the models come out into the market for more than 2 years..and they only regestrate in UK .but customer sell it in Germany ,so we want to know whether my customer can sell it in Germany or not ?

It is unlikely that they only took out a UK patent it is more likely that they took out a European patent but check the patent number and what is already registered.

Also patents take a couple of years to go through the process so the European patent may be delayed compared to any taken out in UK.


it is up to your customer to find these things out and presumably they have been told to desist by a lawyer representing the patent holder.

Nothing can be done about it now.

Patents Act, 1970 is designed to protect inventions in respect of manufacture, machine or process of manufacture.

Patentee has following rights (a) where the patent is for a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product

Patentee and his agents and licensees have exclusive rights to make, use, exercise or distribute the invention

Quoting from [snowmay]:

We buy the case from a moulding company in SZ for more than 2 years,and the case already come out for more than 3 years,but RECENTLY one HK company registrate it in HK  and UK...

Maybe I understood you wrong, but if they just recently tried to obtain legal protection, all you have to do is proving that this article has been on the market before their application (i.e. it isn't new). Of course you should employ the help of a lawyer, but if the circumstances are as I believe, it should be fast and easy. Most likely a simple letter to the applicant would be enough.

Quoting from [snowmay]:

Recently we have one webcam patent problem ..

We buy the case from a moulding company in SZ for more than 2 years,and the case already come out for more than 3 years,but recently one HK company registrate it in HK  and UK  ,and they complain to our customer so that they can't sell it any more ..

At this case ,what should we handle it ?

That is the hard facts of life, the one who registers the patent first wins the race.


For you to fight the case, it will be a long and costly legal battle, it the matter of evidence and proofs. To register a patent, it has to take one year to be approved, even the product may be out on sales for 3 years, it does not mean that it is free product. To register an invention, you need the professional consul of a patent lawyer.


Registering a patent in EU does not necessarily entitles the ownership to those countries not in the Association of the Patent Registry. For example, in the USA, the EU patent does not apply, but the same patent may be endorsed there by their appointed US lawyers, the same waiting period of one year applies.


You will stand to lose if you keep on selling the product, infringing on their patent rights. You have to negotiate with the patent holder to licence it to you, and you may have to pay hefty fees to manufacture them. However if the designs or the engineering of the product are changed or after a period of time, the patent expires, then it becomes public domain.


Most important matter is documentation, you must have documentary evidence of all the dealings, the product design and engineering and the methods of production. You said the case was purchased from a moulding company in SZ. Do they have any engineering drawings or design documentation, was it produced by them or copied from somewhere?

When you purchase the case, did you also sign a contract with them on the rights to use this design on your product?


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