Is it infringement to use a patent without permission?

In real society, many products produced by companies can apply for patents, so that they can be protected by national laws. If there is any infringement by others, you can protect your rights through legal means. So will using a patent without permission cause infringement? The editor of Legal Savior Network will answer it for you below.

1. Is it an infringement to use a patent without permission?

Use without a patent A patent licensed by the right owner is an infringement of patent rights, and the patent owner must be compensated for losses.

"Patent Law of the People's Republic of China"

Article 60 Licensing and exploiting its patent, that is, infringing its patent rights and causing disputes, shall be resolved by the parties through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department. deal with. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

Article 65 The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be determined according to the The benefits obtained by the person due to the infringement are determined. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the right owner's loss based on the type of patent right and the nature of the infringement. and circumstances and other factors, it is determined that a compensation of not less than 10,000 yuan but not more than 1 million yuan will be given.

2. PatentsHow to obtain evidence of infringement

1. Collect evidence by yourself or entrust a lawyer to investigate and collect evidence

Because intellectual property cases are highly professional, it is difficult for the right holder to obtain evidence on his own and to accurately grasp the direction and scope of evidence collection. Lawyers specialize in legal work and provide legal services to the society. Lawyers not only have rich legal knowledge, but also have rich case-handling experience and skilled litigation skills, and can make appropriate choices for the parties at different stages of litigation. Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than for litigants, and the scope of evidence collection is also more extensive and precise. In judicial practice, judges often treat lawyers differently and provide more convenience.

2. Apply to the notary office for evidence preservation

One ​​of the statutory tasks of the notary office It is "preserving evidence". Notarized evidence has the effect of being presumed to be true. Article 69 of the "Civil Procedure Law" stipulates: "The people's court shall confirm the validity of legal acts, legal facts and documents that have been notarized. However, unless there is contrary evidence that is sufficient to overturn the notarized certification." The effect of the preservation of evidence by the notary public is equivalent to the preservation by the court in accordance with its authority. Before litigation, the parties can make full use of the notary public to collect and preserve evidence, which is an effective measure to prepare for litigation.

3. Apply to the court for pre-litigation evidence preservation

Laws and judicial interpretations provide for pre-litigation evidence preservation Evidence preservation shall be handled in accordance with its regulations. This establishes a legal basis for parties or interested parties to apply to the court for pre-litigation evidence preservation.

4. Apply to the People's Court to obtain evidence

The Sixth Chapter of my country's Civil Procedure Law Article 14 stipulates: If the parties and their agents cannot obtain evidence on their own due to objective reasons, or the evidence that the People's Court deems necessary to hear the case, the People's Court shall investigate and collect it. Based on this, parties often file an application for evidence collection while filing patent infringement, trademark infringement and copyright infringement lawsuits. The evidence collected is usually divided into three categories:

First, preserve the products accused of infringement;

Second, investigate the financial account books of the unit accused of infringement in order to determine the amount of compensation;

Third, obtain evidence of the alleged infringer’s infringement. According to the Civil Procedure Law and the relevant judicial interpretations of the Supreme Court, there are two ways for the court to investigate and collect evidence: First, take the initiative Investigate and collect evidence in accordance with its powers. When it comes to facts and related procedural matters that may be detrimental to national interests, social public interests or the legitimate rights and interests of others, the court should take the initiative to investigate and collect evidence in accordance with its powers without the need for the parties to apply for evidence. Second, according to the parties Application for evidence collection.

The above is the content compiled by the editor. We can understand that the use of patents without the permission of the patentee is an infringement of patent rights. , according to the regulations, you can ask the other party for compensation. Of course, the two parties can also negotiate a solution. If the solution cannot be resolved, you can apply for court litigation. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.