Are patented products considered infringement like others?

In a patent infringement lawsuit, both the plaintiff and the defendant own patent rights, and the patent rights are the same or equivalent. How should this be handled? Are patented products considered infringement like others? The editor of Legal Savior Network will give you the answer below, let’s take a look.

Are patented products considered infringement like others

Generally, it is an infringement, but if you can prove that you are not infringing the patent, it is not considered an infringement.

Article 62 of the Patent Law; in patent infringement disputes, the accused infringer has evidence to prove the technology he implemented Or if the design belongs to existing technology or existing designs, it does not constitute patent infringement.

Article 63: Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the patent management department to make corrections and be The announcement states that illegal gains may be confiscated and a fine of not more than four times the illegal gains may be imposed; if there are no illegal gains, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

"Patent Law" Article 69: Any of the following circumstances will not be regarded as infringement of patent rights:

(1) Patented products or products based on Products directly obtained by a patented method are used, promised to be sold, sold, or imported after being sold by the patentee or an entity or individual licensed by the patentee;

(二)The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use will only continue within the original scope;

(3) Foreign means of transport that temporarily pass through China’s territorial land, territorial waters, and airspace are means of transport in accordance with the agreement signed by the country to which they belong and China or the international treaty they both participate in, or in accordance with the principle of reciprocity. Use relevant patents in their devices and equipment for their own needs;

(4) Use relevant patents exclusively for scientific research and experiments

(5) To provide information required for administrative review and approval, manufacturing, using, or importing patented drugs or patented medical devices, and manufacturing and importing patented medicines or patented medical devices specifically for them.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter Legal Saviours.com for legal advice.