Is selling patented products considered infringement?

Patents take a long time to apply for and can protect our products from infringement, so they are particularly valuable. We all know that patented products are protected by law, so is selling patented products an infringement? Now let’s ask the editor of Legal Savior Network to introduce this issue to us.

1. Is it an infringement to sell patented products

Without permission from the patentee Licensing and selling patented products that infringe. According to the relevant provisions of the Patent Law of the People's Republic of China, after an invention or utility model patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, unless otherwise provided in this law. For production and business purposes, manufacture, use, offer for sale, sell, and import its patented products, or use its patented methods and use, offer for sale, sell, and import products directly obtained according to the patented method.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products. Therefore, selling patented products without the permission of the patentee is an infringement.

2. Whether to sell infringing patented products Liability for compensation

Whether you are liable for compensation for selling infringing patented products needs to be determined based on the specific circumstances. Selling someone else’s patented product without the permission of the patentee constitutes infringement. If the seller does not know that it is selling patent-infringing products without the permission of the patent owner and can prove the legal source of the product, it will not be liable for compensation, but it must immediately stop selling the patent-infringing products.

Relevant legal provisions: "Patent Law"

Article 70 for production and business purposes If you use, offer for sale, or sell a patent-infringing product that you do not know was 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.

3. What are the manifestations of patent infringement

(1) Using a trademark that is identical or similar to its Registered trademark on the same or similar goods without the permission of the trademark registrant, specifically Including four situations:

1. Using the same trademark as another person’s registered trademark on the same product;

2. Using a trademark that is similar to someone else’s registered trademark on the same product;

3. Using someone else’s trademark on similar products The registered trademark is the same;

4. Using a trademark that is similar to the registered trademark of others on similar goods. Carrying out such behavior without permission, whether intentional or negligent, constitutes an infringement of the exclusive rights of others' registered trademarks.

(2) The act of selling goods that infringe the exclusive rights of registered trademarks.

(3) Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks. There are four main forms of this type of infringement: Types:

1. Forging other people’s registered trademarks;

2. Without trademark rights To create registered trademarks or logos entrusted or authorized by a person;

3. To arbitrarily create registered trademarks or logos beyond the authority granted by the trademark owner;

4. Selling registered trademarks that are counterfeit or manufactured without authorization.

(4) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;

(5) Causing other damage to others’ exclusive rights to registered trademarks.

The above is the editor of Legal Savior Network’s introduction on whether selling patented products is an infringement. For patent owners, if we find that someone else or a company has sold our patented products without our consent, we can ask the other party to stop this behavior. If the other party does not listen to the advice and does not stop the behavior, you can find a lawyer from the Legal Savior Network to protect your rights.