How does patent law define new products
The state encourages invention and creation and has promulgated relevant laws and regulations Patents protect inventions and creations. Others may not use the patent without the permission of the patentee, except with the consent of the patentee. Moreover, obtaining a patent must go through strict procedures, and not every patent can be protected by law. Patents are divided into three types: invention, utility model and design.
"Patent Law" Article 61 If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
Patent infringement disputes involve utility model Patents or designs In the case of a patent, the people's court or the patent management department may require the patentee or interested party to issue a patent evaluation report made by the patent administration department of the State Council after retrieval, analysis and evaluation of the relevant utility model or design, as part of the trial, Handle evidence in patent infringement disputes.
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