1. How to check whether a patent is infringed
If you want to know whether a Patent right has been infringed, you can judge whether you have committed a patent infringement act. If you commit a patent infringement act in the Patent Law, it will constitute a patent infringement.
"Patent Law of the People's Republic of China"
Article 11 Invention and utility model patents After the right is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes. , or use its patented method and use, offer for sale, sell or import products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products.
2. Determination of patent infringement What are the standards
The determination of patent infringement mainly includes the following aspects:
(1) The object of infringement shall be a valid patent that enjoys patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only patent rights that have not expired due to payment, invalidation, abandonment, etc. within the specified protection period are valid patents. It should be noted that if a patent right is declared invalid for some reason, the patent right will be deemed to have ceased to exist from the beginning. Therefore, even if someone else has previouslyImplementation is not enough to constitute patent infringement.
(2) There are illegal acts. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.
It should be noted that Article 63 of the Patent Law stipulates five types of behavior that are not considered to be infringement, which are exceptions to patent infringement liability. If the behavior If a person cannot provide evidence to use this as a defense reason, the perpetrator should be determined to have committed patent infringement and bear liability in accordance with the law.
(3) The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an infringement of the patent rights of others and carries out the behavior; the so-called negligence means that the actor carries out the behavior of infringing the patent rights of others due to negligence or overconfidence. However, there are exceptions. For example, Article 63, Paragraph 2 of the Patent Law stipulates that even if the perpetrator has no subjective fault, it still constitutes patent infringement, but he will not be liable for compensation.
(4) It should be for the purpose of production and operation. Article 11 of the Patent Law stipulates: After an invention-creation is granted a patent right, no one may exploit the patent, except as otherwise provided in this Law, and the exploitation shall not be for the purpose of production or business. Therefore, the purpose of production and operation should also be one of the constituent elements for judging patent infringement.
We can know whether the patent is infringed according to the regulationsWe can judge whether the patent infringement has been carried out. , after committing the act of infringing the patent right in the patent law, it will constitute the infringement of the patent right. I hope everyone can understand. The above is the content compiled by the editor. If you still don’t understand anything, you can consult the relevant lawyers on the Legal Savior Network.
No comments yet. Say something...