1. What are the manifestations of patent infringement
1. Main It refers to the manufacture, use, sale, offer for sale, import of inventions, utility model patented products or patented products obtained by using patented methods for the purpose of production and business without the permission of the patentee, as well as the manufacture, sale, offer for sale, import of appearance Design patented products.
2. Its expressions include:
(1) Manufacturing inventions, utility models, The behavior of design patented products;
(2) The behavior of using invention and utility model patented products;
(3) The act of promising to sell products patented for inventions, utility models or designs;
(4) Selling inventions, utility models or designs Behavior of patented products;
(5) Behavior of importing invention, utility model, and design patented products;
(6) The act of using a patented method and using, offering to sell, selling, or importing products directly obtained according to the patented method;
(7 ) The act of counterfeiting someone else’s patent. Using or selling for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee or a product directly obtained according to a patented method, and the legal source of the product can be proven, is still an infringement of patent rights and requires Stop the infringement but do not assume liability for compensation.
3. Legal basis: Article 65 of the "Patent Law"
2. What are the solutions to patent infringement
If a dispute arises due to infringement of its patent rights, the parties shall resolve it 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 to handle it. When the patent management department handles the case, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. At the request of the party, the 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".
Legal basis: "Patent Law"
Article 70: If you use, offer for sale or sell for the purpose of production and business operations a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee, and the legal source of the product can be proven, you shall not Bear liability for compensation.
Article 71: Anyone who applies for a patent in a foreign country in violation of the provisions of Article 20 of this Law and leaks state secrets shall be prosecuted by the unit or superior in charge. The authority shall impose administrative sanctions; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Article 72: Infringement of the inventor's or designer's right to apply for a patent for non-service inventions and creations and other rights and interests stipulated in this Law, administrative sanctions shall be imposed by the unit or the superior competent authority.
Article 73 The department managing patent work shall not participate in submitting complaints to Business activities such as recommending patented products to the public.
If the department managing patent work violates the provisions of the preceding paragraph, its superior authority or supervisory authority shall order it to make corrections and eliminate the impact, if any Illegal income will be confiscated; if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel will be given administrative sanctions in accordance with the law.
Regarding patent infringement, it is mainly in Article 11 of the Patent Law stipulates that it regulates the act of exploiting the patent right for the purpose of production and business without the permission of the patentee. The main emphasis of this act of implementation is that the infringer actually implemented the invention without permission. The technical solution or design within the scope of patent protection infringes the patentee's exclusive right to implement the patented technology or patented design, and there is no possibility of affecting the public, causing confusion, or disrupting the management order. I hope the above content can be helpful to you.If you have any 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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