During the patent application process, does someone else’s production infringe the copyright?

In real life, products produced by people can apply for patents, so that they can be protected by law. However, infringement situations often occur in society. So, if someone else makes an infringement in the patent application, is it infringement? Below, the editor of Legal Savior Network will explain the relevant content for everyone’s reference and study. I hope it will be helpful to everyone.

1. Whether other people’s production infringes during the patent application process

Legal, you Your patent has not been published before it is granted, so the products produced by others do not originate from your patent application documents. When your patent is granted and others are still producing your products, it will constitute patent infringement.

"Patent Law" Article 11 After an invention or utility model patent right is granted, except as otherwise provided for in this Law, any unit or individual may not The patentee shall not exploit the patent without the permission of the patentee, that is, he shall not manufacture, use, offer for sale, sell, or import his patented products for production and business purposes, or use his patented method, or use, offer for sale, sell, or import directly in accordance with the patented method. products obtained.

2. How to determine whether there is infringement in an invention patent application

The scope of protection of an invention or utility model patent shall be determined by the content of its claims, and the description and drawings may be used to interpret the claims. This provision means that the scope of protection of rights shall be based on the scope determined by the necessary technical Features clearly stated in the claims, which of course also includes the scope determined by the same features as the necessary technical features.

The so-called equivalent features refer to the technical features recorded in the claims of the invention patent or utility model patent that are implemented by basically the same means and are basically the same. Function, so as to achieve basically the same effect, and at the same time require features that technicians in the technical field can associate without creative work.

The principle of equivalence in judging infringement of invention patents and utility model patents is based on the methods mentioned above and the claims, descriptions, drawings, etc. content, and a method to determine whether the product sued by the plaintiff constitutes patent infringement. The people's court applies the principle of equivalents to determine whether the litigation product isThere are several ways to determine whether there is infringement:

(1) After a simple shift of product parts or a simple change of the sequence of method steps, if the product or method field If ordinary technicians in the industry believe that there is no essential difference between the two and that they are basically the same as the patented technology produced, the product can basically be determined to be infringing;

(2) Equivalent replacement. It means that a certain technical feature recorded in the claim also has a corresponding technical feature in the product or method accused of infringement, and the two technical features play basically the same role or effect in the product or method, and Ordinary technicians in the technical field generally know that these two technical features can be interchanged, and the people's court can determine that the product in litigation is infringing;

(3) Decomposition Or incorporate technical features. Decomposition means replacing a certain technical feature recorded in the claim of the infringed product with two technical features of the allegedly infringing product or method; merging means replacing the rights of the infringed product with one technical feature of the allegedly infringing product or method. If two technical features recorded in the request can be combined or decomposed and ordinary technicians in the technical field can achieve the positive effects of the patented technology without creative work, the people's court may determine it as equivalent infringement.

Through the editor's introduction, we can understand that according to regulations, what others do in a patent application is legal, because the individual's patent authorization has not been made public, and others You have the right to apply. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.