How to correctly determine patent infringement
Article 11 of the Patent Law Regulations: After the patent rights for inventions and utility models are granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, or offer for sale for production and business purposes. , sell or import its patented products, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. 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, offer for sale, sell, or import its design patented products for production and business purposes.
Article 69: One of the following circumstances will not be deemed to infringe the patent right: (2) The same product has been manufactured, the same method has been used before the patent application date, or the necessary preparations for manufacturing and use have been made, and the manufacturing and use will only continue within the original scope;
Article 70: Use, offer for sale or sell for production and business purposes a patent-infringing product that is not known to have been manufactured and sold without the permission of the patentee. If the product comes from legal sources, we will not be liable for compensation.
The above are some of the most direct clauses related to infringement. First, pay attention to the bold and italic part in Article 11: "Not for production and business purposes." This This is a relatively important prerequisite. Because patent rights are a kind of private exclusive right to sellable goods or services, which requires a certain degree of monopoly operation after paying a protection fee, all manufacturing, production, sales, and promising sales activities for the purpose of production and operation must be affirmed. It is an infringement.
As for "necessary preparations for manufacturing and use have been made" in Article 69, this refers to relevant factories, equipment, labor, and raw materials , marketing, procedures, etc. are all ready. In this case, manufacturing and use can continue within the original planned output, planned area, and planned sales, butOnce the scope of the original planning is exceeded, there is a risk of infringement. What needs to be emphasized here is that the prerequisite for meeting this requirement is to keep all relevant supporting documents. A slight lack of documentation may make it impossible to prove the independent design of the technology or solution and the use of relevant patents. Already done before applying.
As for Article 70, this article is limited to sales and use, because users or sellers do not have the ability to verify each Therefore, as long as it is purchased through legal channels, the infringement liability in this case is generally borne by the upstream underwriter.
The above is the relevant knowledge compiled by the editor on how to identify professional infringement. Patents are created by a person using his or her own knowledge through hard work and sweat. Yes, we should respect the fruits of other people's labor and not steal them without their consent. If you still have questions, please come to the Legal Savior Network for consultation.
