What is the standard for Design patent infringement?
Determine whether design infringement occurs Patent rights should be based on the following aspects:
(1) To determine the scope of protection of the design, the patented product should be represented in pictures or photos. The design shall prevail, and a brief description of the design can be used to understand the scope of protection of the design.
(1) In an infringement lawsuit, the design patentee shall submit a "design key point drawing" of the design to explain the original parts protected by the design. and content; if the patentee has submitted a "design key point drawing" to China's national patent administration department when applying for a design patent, the patent file can be used as evidence to identify the key points of the design.
(2) If the design patentee requests color protection, he shall provide relevant evidence recognized by the Chinese national patent administration department to determine the scope of protection of the design. .
(3) The scope of protection of design patent rights should exclude products that only serve functions and effects, and consumers cannot see or have no aesthetic impression of the product during normal use. The design content of the function.
(2) Examine whether the alleged infringing product and the patented product are similar products. If they are not similar products, it does not constitute infringement of design patent rights.
Will patent counterfeiting constitute a crime?
Anyone who counterfeits other people's patents under any of the following circumstances is considered serious and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting patents. A fine may also be imposed or a fine may be imposed:
(1) The illegal business amount is more than 200,000 yuan or the illegal income is more than 100,000 yuan;
(2) To The patentee causes direct economic losses of more than 500,000 yuan;
(3) Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan or The amount of illegal income exceeds 50,000 yuan;
(4) Other serious circumstances.
It is worth pointing out that the "illegal business amount" here refers to the value of the perpetrator's manufacturing, storage, transportation, and sales of infringing products during the process of infringing on intellectual property rights. The value of the infringing products sold is calculated based on time. Price calculation. The value of infringing products that are manufactured, stored, transported and not sold shall be calculated based on the marked price or the actual average sales price of the infringing products that have been identified. If the infringed product does not have a marked price or its actual sales price cannot be ascertained, the value shall be calculated based on the marked price or the actual sales price of the infringing products that have been identified. The market median price of the infringing product is calculated. In addition, if the infringement of patent rights is committed multiple times without administrative processing or criminal punishment, the illegal business amount, illegal income amount or sales amount shall be calculated cumulatively.
The above is the relevant information compiled by the editor of Legal Savior. When a patent is used, this is an infringement and will be punished accordingly. If you have any other questions and would like to consult a lawyer, please feel free to consult online.
