What are the main types of patent infringement?

Patent rights are the Patentee's exclusive right to utilize his inventions and creations. Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and business without the permission of the patentee. Next, the editor will summarize the relevant content for you about "What are the main types of patent infringement", hoping to help you.

What are the main types of patent infringement

1. Counterfeit patent

Those who counterfeit other people's patents shall, in addition to bearing civil liability in accordance with the law, be ordered by the patent management department to make corrections and make an announcement. The illegal gains shall be confiscated and a fine of not more than three times of the illegal gains may be imposed. If there are no illegal gains, a fine of not more than three times of the illegal gains may be imposed. A fine of not more than 50,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

The following acts are acts of counterfeiting other people’s patents:

(1) Without permission, Marking other people’s patent numbers on the products or product packages manufactured or sold;

(2) Using other people’s patents in advertisements or other promotional materials without permission No., causing people to mistake the technology involved for other people’s patented technology;

(3) Using other people’s patent numbers in contracts without permission, using A person mistook the technology involved in the contract as someone else’s patented technology;

(4) Forged or altered someone else’s patent certificate, patent document or patent application document.

2. Counterfeiting patents

Using non-patented products to pass off as patented products, and using non-patented methods to pass off patents If the method is used improperly, the patent administrative department shall order it to make corrections and make an announcement, and may impose a fine of not more than 50,000 yuan. The following behaviors include passing off non-patented products as patented products, and using non-patented methods to pass off patented methods:

(1) Manufacturing or selling non-patented products marked with patent marks Products;

(2) After the patent right is declared invalid, the patent mark will continue to be marked on the products manufactured or sold;

(3) In advertising or other publicityNon-patented technology is called patented technology in the materials;

(4) Non-patented technology is called patented technology in the contract;

(5) Forge or alter patent certificates, patent documents or patent application documents.

The amount of compensation for patent infringement shall be determined based on the losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement; the losses of the infringed party or If the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined by reference to a multiple of the patent license fee. If the patentee or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon their patent rights, and if their legitimate rights and interests are not stopped in a timely manner, their legitimate rights and interests will be irreparably damaged, they may apply to the People's Court for an order before filing a lawsuit. Measures to stop relevant behavior and property preservation. The statute of limitations for patent infringement is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement. If an invention patent application is published but before the patent right is granted, appropriate royalties are not paid for use of the invention, the statute of limitations for the patentee to demand payment of royalties is 2 years, starting from the date when the patentee knew or should have known that others were using his invention. , however, if the patentee knew or should have known before the date of grant of the patent right, the calculation shall start from the date of grant of the patent right.

If the patentee or interested party fabricates facts or unreasonable reasons to accuse others of infringement of its patent rights, file a lawsuit with the People's Court or request the patent management department to handle it. If the other party causes losses, it shall be liable for compensation. If you have any other questions, please feel free to consult our lawyers.