What are the behaviors that infringe patent rights?

In practice, people are becoming more and more aware of Patent protection, and patent infringement disputes are now a relatively common type of dispute. But no matter what kind of patent infringement dispute it is, it must be caused by specific infringement behaviors. So, what are the common patent infringement behaviors? Below, the editor of Legal Savior Network has brought you the following content, I hope it will be helpful to you.

What are the acts that infringe patent rights?

According to the current patent law, patents The specific forms of infringement can be divided into:

1. Implementation of other people's patents without permission.

This type of patent infringement must meet two conditions: without the permission of the rights holder and for the purpose of production and business.

According to the provisions of Article 11 of the Patent Law, it includes the following three specific forms: manufacturing, using, offering to sell, selling or importing patented products invented by others. or utility model patented products; using other people's patented methods and using, offering to sell, selling or importing products directly obtained according to the method; manufacturing, selling or importing other people's design patented products.

2. Counterfeiting others’ patents. This type of patent infringement refers to the infringement of the patentee's right to mark.

According to Article 84 of the "Patent Law Implementing Rules", including the following four specific forms: without permission, infringement of products manufactured or sold by it, Marking other people’s patent numbers on product packaging; using other people’s patent numbers in advertisements or other promotional materials without permission, causing people to mistake the technology involved as someone else’s patented technology; using it in contracts without permission Another person's patent number causes others to mistake the technology involved in the contract as someone else's patented technology; forges or alters other people's patent certificates, patent documents or patent application documents.

3. Use non-patented products as patented products and non-patented methods as patented methods.

According to the provisions of the Patent Law, this type of behavior is subject to general civil tort liability, and the department managing patent work shall order corrections and make them public.Yes, you can be punished.

4. In addition to the clear provisions of the law, there are two types of infringement in theory and practice:

Negligent counterfeiting means that the perpetrator intends to impersonate a patent and randomly fabricates a patent number that happens to be the same as the patent number of a patent obtained by someone. In this case, even if there is no intention to pass off the patent, the result still constitutes counterfeiting of someone else’s patent. Reverse counterfeiting means that the perpetrator sells someone else's patented product that has been legally obtained by marking it with his or her own patent number. This behavior is obviously not enough to "counterfeit someone else's patent", but in fact it infringes upon the legal patentee's right to mark. It is still a tort and the infringer shall bear civil liability.

As can be seen from the above, the common patent infringement behaviors are mainly the above four types. You may wish to learn more about them in detail. In reality, as long as the actor carries out one of the above-mentioned acts, it will constitute an infringement on the patentee and he will bear corresponding infringement liability. The legal liability at this time mainly includes the following three aspects: one is administrative liability, the other is criminal liability, and the third is civil liability. Through the editor's introduction, I believe you must have some understanding of this issue. If you have other knowledge you want to know, the Legal Savior Network provides online lawyer consultation services. You are also welcome to consult the Legal Savior Network.