How to determine pesticide patent infringement

Nowadays, patent infringement disputes occur frequently, and before such disputes can be handled, patent infringement needs to be identified. Because what ordinary people think of as patent infringement does not necessarily constitute legal patent infringement. Only after it is determined can it be handled as patent infringement. So in practice, how to determine patent infringement? How is pesticide patent infringement determined? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

How to identify pesticide patent infringement

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

1. Yes The object of infringement: that is, the infringement must be a patented product or method protected by patent law. The implementation of a patent that has expired, been declared invalid or abandoned does not constitute infringement;

2. There are statutory infringements: such as manufacturing, using, selling or offering to sell, and importing other people's patented products , or used someone else’s patented method, used, sold or 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 personal hobby or personal use Manufacturing and using patented products or using patented methods for non-profit purposes also does not constitute infringement of patent rights;

4. Without the permission of the patentee: If the implementation is performed with the permission or acquiescence of the patentee, it does 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.

How to collect patent infringement evidence

Collect evidence and verify facts. To determine whether a patent right has been infringed by others, you must first find out whether there are facts that constitute infringement. These facts must be proven entirely by evidence. Therefore, it is very important to collect relevant evidence in a timely and comprehensive manner. At this time, special attention should be paid to collecting physical and documentary evidence of infringement.

Physical evidence-mainly infringing products. Infringing products are very important evidence, and it is not difficult to obtain them.

Documentary evidence--generally should include two parts:

1. Prove that the patentee has the patent right, Such as: patent certificate, patent application documents, patent implementation license or patent rights transfer contract, etc.;

2. Prove that the infringing party has committed the infringement, such as: order contract or transfer contract between the infringing party and others, sales invoice or sales product manual, technical comparison document, etc.

In some cases, one or two strong documentary evidences are enough Determine the existence of infringement facts.

In reality, due to The patent infringement disputes encountered by everyone are different, so the specific resolution methods are also different. However, before handling the patent infringement dispute, the patent infringement must be determined first, otherwise it cannot be determined whether it constitutes a legal act. For the above patent infringement, you cannot use relevant laws to protect your legitimate rights and interests. For more related questions, you can consult a lawyer on the Legal Savior Network.