What are the risks of patent use?

Many companies will purchase other people's patents to use and produce them to gain greater economic value. But even if it is a patent, there are still many risks for companies in the process of using it, and the predetermined benefits may not be fully obtained. So, what are the risks of patent use? The editor of Legal Savior Network will help you learn about the relevant risks.

What are the risks of patent use

In the implementation process of the patent, the patentee and the licensee are involved The patentee may have risks in terms of the license period of the contract, license objects, licensing methods, licensing areas, licensing fees, and abuse of patent rights; if it is the licensee who is in the process of patent implementation, there may be risks in the stability of the patent rights. risks such as the feasibility of realizing the patented technology, the substitutability of the patented technology, the length of time for the licensee to digest the patented technology, and the length of the development cycle of the patented technology.

Legal risks of patent infringement

Patent infringement risk is a patent legal risk A more serious one. According to the provisions of the Patent Law, the constituent elements of patent infringement are: first, there is a valid patent that is infringed; second, there is no permission from the patentee; third, the infringement is for the purpose of production and business; fourth, the act does not belong to Situations otherwise provided for by law. Here are several common patent infringement behaviors in practice:

(1) The act of manufacturing other people’s patented products. Patent LawThe protection of the manufacturing behavior of patented products is absolute. Regardless of whether the manufacturer subjectively knows that the patented product belongs to others, as long as the patented product is objectively manufactured, it constitutes patent infringement;

(2) The act of using patent infringing products. If the user does not subjectively know that the product he is using is an infringing product, he will not be liable for infringement compensation. It is worth noting that this behavior only applies to invention patents and utility model patents. In any case, the use of design patent infringing products does not constitute infringement;

(3) The act of selling patent infringing products. If the seller does not subjectively know that the product is an infringing product and sells it, he will not be liable for infringement compensation;

(4) The act of importing other people’s patented products. This is to protect patented import rights. Since patent rights are territorial, patented products produced outside the area in which the patent rights are obtained do not constitute patent infringement. However, only with the consent of the patentee can the product be imported into the patent protection area. The unauthorized import by others constitutes infringement;

(5) The act of using others’ patented methods. The protection of the scope of use of a patented method is determined by the claims. A method may have multiple uses, and may even have uses across technology areas. If a third party applies the patented method to other fields, and it is not a similar technical field, the cross-field use is not recorded in the patentee's claims, and the technical effects achieved are not recorded in the patent specification. , then the third party’s use of this method does not constitute infringement.

What are the risks faced by intellectual property

Intellectual property legal risk refers to the risk of intentional or unintentional infringement of other people’s intellectual property rights during the business operation process, as well as internal employees and counterparties. and the risk of intellectual property infringement caused by competitors to the company due to various reasons.

When the industrial and commercial administration authorities approve an enterprise name, the administrative division, industry, and organizational form have generally been determined, and only the font size needs to be selected and approved. The enterprise name is like a person's name, and most people hope to have it approved. The name attracts the attention of the relevant public and forms its own brand during use, and the company name (font size part) itself is a right protected by law. However, improper use will bring huge risks to oneself, especially for some companies. During the establishment process, out of the motive of "free riding on others", intentionally or unintentionally, one's own business name is similar or even identical to other people's business names, trademarks, etc. This often brings unexpected infringement risks to one's own business.

If you want to avoid risks when using patents, then You need to find professional lawyer help. There are many lawyers on Legal Savior Online to get professional advice in this area.