The Strategy Of Dealing The 337 Investigation

With the increasing export to the United States, foreign companies frequently initiated the 337 investigations against Chinese companies. But due to lack of understanding of the 337 investigations, many Chinese companies have lost, causing huge losses. The Chinese companies now have an urgent problem to find a reasonable way to deal with 337 investigations. However, many current studies on the 337 investigation focused on the analysis of 337 procedures. In this article it intends to find a whole strategy to deal with 337 investigations.In order to deal with a 337 investigation successfully, it need not only understanding of the characteristics of 337 investigations, but also need specific knowledge about the law which the investigation based on. Because of the 337 investigation progresses quickly and efficiently, the company must move fast when a 337 investigation has been initiated. This helps the company to gain the initiative and also pressure the other one in order to raise successful possible. A 337 investigation is not just an investigation procedure, which also includes how the U.S. courts affirm the acts of infringement of intellectual property based on the U.S. patent law. So the company must know both the procedures of the 337 investigation and the U.S. patent laws. In the procedures of the 337 investigation, the company need to meet the requirements of the rules and use the procedures to protect their right; and during the reply, the company needs to know how the U.S. court to determine violations of the patent right. And about how to avoid an 337 investigation, the company need to know about more than the 337 investigation itself, that is, using patent strategy and patent licensing strategy. Obtaining patent by these strategies in the United States can effectively make the company avoid being initiated the 337 investigations.Therefore the article has three parts: the overview about the 337 investigation, how to deal with 337 investigations and how to prevent a 337 investigation. The overview of 337 investigation contains what is a 337 investigation, the applicable conditions, the law based on, procedure of investigation, what protective measures can be taken. In the second part is about when a 337 investigation has been initiated, the company should cope with both the procedure and the charge of the infringement based on the patent law. In the final section is about how to avoid a patent infringement with patent application and patent license. Through the discussion of three parts, the companies could have an idea generally on how to deal with a 337 investigation.