How is patent infringement determined on the Internet?

The jurisdiction and enforcement issues involved in patent infringement on the Internet have caused people a lot of headaches, and the application of substantive law when hearing patent infringement in court also faces challenges. How is patent infringement determined on the Internet? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

How is patent infringement determined on the Internet

Patent infringement should meet the following conditions at the same time:

1. There is an object of infringement: that is, the infringement must be the subject of the patent For patented products or methods protected by law, the implementation of patents that have expired, been declared invalid or abandoned does not constitute infringement;

2. There are statutory infringements: such as manufacturing, using, selling or promising to sell, importing other people's patented products, or using other people's patented methods, using, selling, Imported products directly obtained by this method;

3 . For the purpose of production and business: that is, the act of implementing other people's patents for the purpose of profit. If the relevant patented technology is used specifically for scientific research and experiments or for individuals to manufacture and use patented products or use patented methods for non-profit purposes such as hobby or personal use, behavior does not constitute patent infringement;

4. Without the permission of the patentee: If the implementation is performed with the permission or acquiescence of the patentee, thenDoes not constitute infringement. The legal liability for patent infringement includes stopping the infringement, compensating for losses, eliminating the impact, apologizing, etc. After discovering patent infringement, the patentee or interested parties can file a complaint with the patent management authority (i.e., provincial and municipal intellectual property rights authorities) in accordance with the law. Bureau) to request mediation or bring a lawsuit to the people's court with jurisdiction, requiring the infringer to stop the infringement and compensate for losses.

"Patent Law"

Sixth Article 10 If a patent is exploited without the permission of the patentee, the patent rights are infringed upon and any dispute arises, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may bring a lawsuit to the People's Court, or You can request the department that manages patent work to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling 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.

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