1. Under what circumstances are manufacturers and sellers of patent-infringing products not liable for compensation
1. For the purpose of production and operation, if you use, offer for sale or sell a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee, and you can prove the legal source of the product, you will not be liable for compensation.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 10 Patents Application rights and patent rights are transferable.
When a Chinese unit or individual transfers patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, it shall be handled in accordance with the provisions of relevant laws and administrative regulations. formalities.
When transferring patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
2. What are the methods to resolve patent infringement disputes
After a patent infringement dispute arises, the parties can resolve it through negotiation. If the parties are unable or unwilling to resolve it through negotiation:
(1) You can request the patent management department to handle it. When the patent management department handles it, it determines that the infringement is established and can order it to stop the infringement immediately. If the party is dissatisfied with the handling of the patent management department, it can Within fifteen days from the date of receipt of the handling notice, an administrative lawsuit shall be filed with the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China". If the infringer does not sue and does not stop the infringement after the expiration of the fifteen days, the patent management department may apply Compulsory execution by the People's Court;
(2) If the parties are unable or unwilling to mediate, they may also file a lawsuit with the People's Court for settlement.
If a party has a dispute over the right to apply for a patent or the ownership of the patent right, and has requested the patent administrative department to handle it or filed a lawsuit in the People's Court, he may request the patent administration department of the State Council to To suspend the relevant patent right review and approval procedures, if the party requests to suspend the relevant procedures, he shall submit a written application to the patent administration department of the State Council, and attach a copy of the relevant acceptance document from the patent administration department or the people's court.
After the patent management department makes a decision, or the judgment made by the people's court takes effect, the party concerned shall submit a written application for resumption of proceedings to the patent administration department of the State Council. , and go through relevant procedures. The request should be attached with the decision of the patent management department or the effective judgment of the people's court.
According to the provisions of the Patent Law, using, offering for sale, or selling for production and business purposes is not known to be manufactured and sold without the permission of the patentee. For patent infringing products, if the legal source of the product can be proven, we will not be liable for compensation. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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