Henan merchants have been selling "steel wire scraper" for many years, but they have been accused of patent infringement. Who will win this lawsuit?

202 1,165438+1On October 30th, several vendors in Henan were prosecuted for selling wire scrapers. According to many merchants in Luoyang, Henan Province, a radish scraper they sold was suspected of infringing the patent right of appearance, and the owner of this patent, Wei Peng, took it to court and asked them to pay 20,000 yuan for the infringement fee. Then who will win this lawsuit?

An introduction to this event.

In fact, the name of this activity is relatively easy to understand. On February 20 16, Wei Peng recognized the scraper as a patent, and applied for the registration of the patent right for appearance in the country, which was also approved by the relevant departments. This patent is called a wire scraper. In addition to scraper, Wei Peng also applied for the patent right of appearance of slicer, kitchen knife and other products. Then on 202 1, Wei Peng found that many merchants sold BASIC, but they didn't pay him the patent fee, so he took these merchants to court and asked them to compensate for the patent fee.

Who will win this lawsuit?

Bian Xiao also did some research on the Internet, and found that Guaxi had an appearance patent, not an invention patent, which was applied by Wei Peng 40 years ago. Appearance patent protects beautiful designs such as appearance, pattern and shape. Therefore, merchants can sell wire scrapers. As long as the appearance of this scraper is not similar to that used in Wei Peng, there is no problem of patent infringement. Besides, Wei Peng is not the inventor of this kitchen utensil. He just applied for a patent for appearance, and he can't touch porcelain commercially at all. This is a very illegal act. So, will Wei Peng win? We can wait for the court's decision.

abstract

Intellectual property is to protect our legitimate rights and interests, not to let some people take advantage of the loopholes in the law to seek benefits. This is not right. Therefore, Bian Xiao also appealed that if you invent something, you can apply for intellectual property protection, so that others can't infringe on your property rights, but if you just take advantage of the law, it's not worth advocating.