When acting as an agent for exporting products, how to determine whether patent infringement occurs?
Solved#Export agent#
Our company is engaged in the agency export business. Recently, a customer asked us to export a batch of products on their behalf. I'm worried that this batch of products may have patent infringement problems. If we export infringing products, our company will surely be held liable. So I would like to ask, during the agency export process, how can we determine whether the products being exported on behalf are patent - infringing? Are there any simple and effective methods or aspects that need to be focused on?
Professional consultant answers
Robert ChenYears of service：6Customer Rating：5.0
Customer service consultantConsult
To determine whether an agent - exported product is patent - infringing, the following aspects can be considered. First, carefully check the product's technical features and compare them with the technical features in the known relevant patent claims. If they are fully covered or substantially the same, there may be an infringement. For example, if a patent describes a product with three technical features A, B, and C, and the exported product also has these three features, there is a suspicion of infringement.
Second, ask the customer to provide proof of the legal origin of the product, such as patent certificates, authorization and licensing documents, etc. If the customer cannot provide them, the risk is relatively high.
Third, you can search the patent database. Use professional search tools or entrust a professional institution to search for patents related to this product to check if there are any conflicts. Finally, if you have doubts about the infringement situation of the product, it is recommended to consult a professional intellectual property lawyer to obtain accurate legal advice.
David LiYears of service：6Customer Rating：5.0
Senior customs declaration consultantConsult
You can look at the product manual. If it mentions the use of special technologies or processes, check whether the technology or process has a patent. If there is a patent and no authorization is obtained, there may be an infringement.
Elizabeth LiYears of service：3Customer Rating：5.0
Compliance and risk managerConsult
Ask peers to see if there are any rumors about the product's infringement. Although this may not be accurate, it can be used as a reference. If there are doubts, conduct further investigations.
Amanda YangYears of service：3Customer Rating：5.0
Cost control consultantConsult
Pay attention to the product's appearance. If it is very similar to a patented appearance product on the market and no appearance patent authorization is obtained, it may involve appearance patent infringement.
Sarah ZhangYears of service：8Customer Rating：5.0
Document expertConsult
Understand the customer's R & D and production process. If the customer's R & D time is short and the investment is small, but claims that the product technology is advanced, be vigilant about the possibility of infringement.
Michelle ChenYears of service：3Customer Rating：5.0
Business coordination consultantConsult
Check the patent situation in the product's sales area. Patent protection varies in different regions. Understanding the patents in the sales area can avoid being blocked due to patent infringement in that area.
William YangYears of service：5Customer Rating：5.0
International logistics consultantConsult
Analyze the product price. If the price is much lower than that of similar products, it may be due to cost - savings from infringement in R & D, and further verification is needed.
James LiuYears of service：10Customer Rating：5.0
Foreign trade tax refund consultantConsult
Examine the product's promotional materials. If unique technological innovation points are highlighted in the promotion but there is no relevant patent support, there may be an infringement.
Andrew HuangYears of service：7Customer Rating：5.0
Supply chain optimization expertConsult
Investigate the customer's reputation. If the customer has had an infringement record, the risk of infringement in this agency export is relatively high.