Company A has a patent for a lighter, everyone helps, hurry!! Thank you

1. As long as the lighter products sold by enterprise B in the market have all the technical characteristics of the lighter patent owned by enterprise A, enterprise A can request the local intellectual property administrative department to conduct administrative investigation.

2. Same as above, the lighter products of enterprise B have all the technical features of the lighter patent owned by enterprise A, which constitutes infringement.

3. According to the provisions of the Patent Law of the People's Republic of China, compulsory licenses cannot be obtained.

Supplement: If enterprise A wants the lighter with the patent right of the windproof device of enterprise B, it needs the authorization of enterprise B. If there is no lighter with the patent right of the windproof device, enterprise A can produce it, and enterprise B needs the authorization of enterprise A.

As a result, company A can cross-license with company B to produce lighters with a patent for a windbreaker at the same time, or company A can produce a lighter without a patent for a windbreaker and company B does not.

1. If the patent is exploited without the permission of the patentee, that is, the patent right is infringed, and the dispute arises, the parties shall settle it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter.

3. If it has not been implemented within 4 years, monopolistic behavior, state of emergency, public interest, public health, or major technological progress, it can apply for compulsory license, but it generally cannot be obtained.

In the determination of patent infringement, the principle of full coverage is the most basic principle.

Therefore: first, enterprise A can request the local intellectual property administrative department to conduct an administrative investigation;

Second, enterprise B constitutes patent infringement;

Third, enterprise B cannot use the patented technology of enterprise A's lighter for compulsory licensing. There are prerequisites for the application for a compulsory license for patented technology, and the two parties first need to negotiate the implementation of the license.

First of all, if the lighter patent of enterprise A is still in the protection period and has been paying annual fees, then the improvement of enterprise A's lighter and the production and sales of enterprise B itself has constituted an infringement of enterprise A's lighter patent, and it can request the local patent administration department to determine and order enterprise B to stop the infringement, because enterprise B's improvement is to install a windproof device on the basis of enterprise A's patented technical solution and without the permission of enterprise A, and the legal basis is as follows:

Article 11 of the Patent Law After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no entity or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented products, or use its patented process or use, offer to sell, sell or import products directly obtained in accordance with the patented process for production or business purposes.

Article 60 Where a dispute arises from the exploitation of a patent without the permission of the patentee, i.e., infringement of the patent right, the parties concerned shall settle the dispute through consultation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement.

It should be noted that: first, not all intellectual property administrative departments have the right to enforce patents, and the industrial and commercial and copyright departments are also intellectual property departments, but they do not have the right to enforce the law, and the patent administrative departments with enforcement rights refer to the patent administrative departments (local intellectual property offices) at or above the municipal level.

2. For infringement, the administrative detection power of the Intellectual Property Office is limited to identifying the infringement and ordering the infringement to be stopped, and there is no power to confiscate or impose fines, and the local administrative decision on intellectual property rights does not take effect immediately and is not final, and the party dissatisfied with the administrative decision of the Intellectual Property Office may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition, and the judgment of the court shall be final.

Other provisions on the handling of infringement of local intellectual property rights: If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 60 of the Patent Law).

Company A has a lighter patent, and has been producing lighter products with technical support from this patent1.Yes, because this involves patent rights, and patent rights are one of the types of intellectual property rights. 2...

Patent protection pays attention to what to apply for and what to protect A applied for a patent on a lighter, and only the improvement that A applied for protection protects, because the lighter itself has long ceased to be a patent, and whether B infringes mainly depends on whether his product improvement completely covers A's patent!

This kind of chaos of Wenzhou lighters is too common. Conduct administrative investigations. Wait until you're done. This product is also unsalable. Unless the other party is a very large business, you have a bit of oil and water. Otherwise, you won't even be able to earn back your lawyer's fees!

1.You can request the local intellectual property administration department to handle it. Article 60 of the Patent Law provides that if the patentee exploits its patent without the permission of the patentee, that is, infringes its patent right, and a dispute arises, the parties shall settle it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter.

2.constitutes patent infringement. According to the conditions given in the title, the product of enterprise B includes all the technical characteristics of the product of enterprise A, with the addition of a windproof device.

According to Article 7 of the Judicial Interpretation of the Supreme People's Court on Patent Infringement, the principle of comprehensive coverage provides that the alleged infringing material adds new technical features on the basis of using all the necessary technical features in the patent claims, which constitutes the same infringement and falls within the scope of protection of the patent. In this case, it is not considered whether the technical effect of the alleged infringing object is the same as that of the patented technology.

3.No. B should first negotiate with A for a general commercial license.

If negotiations fail, an application for a compulsory license can be made to the IP Office. However, Article 51 of the Patent Law stipulates that if an invention or utility model for which a patent has obtained a patent has a significant technological progress of significant economic significance compared with the invention or utility model for which the patent has been obtained, and its exploitation depends on the exploitation of the previous invention or utility model, the patent administration department may, upon the application of the latter patentee, grant a compulsory license to exploit the invention or utility model. Obviously, the windbreak function does not bring significant economic significance and is not a major technological advance, so even if an application is made to the IP office, the hope of approval in this case is relatively slim.

First, A can request the local department to investigate and deal with it, because it has a patent right, and second, B constitutes infringement, because its lighter with windproof device was developed and produced on the basis of A's patent, and should fall within the scope of patent A's protection.

Third, a compulsory license needs to be requested to the national patent office, and it is only ok after obtaining permission.

Finally, it is solemnly stated that the above reply is only based on the simple information of the questioner, and the situation is very complicated in reality, and various unexpected things will appear from time to time in the process of advancing the case, so it is advisable for the parties to hire a professional to ** the case.

In addition, in the above case, B's patent is called an improvement patent of A's patent.