1. How to determine whether an invention patent has been infringed
1. Meet the following composition It can be deemed as an infringement of invention patent rights if the following essential requirements are met:
(1) The object of the infringement is a valid patent. Patent infringement must be based on the existence of a valid patent. The implementation of technology before patent authorization, patents that have been declared invalid, abandoned by the patentee, or technology whose patent rights have expired does not constitute infringement. The Patent Law stipulates a temporary protection system. After the invention patent application is published and before the patent right is granted, those who use the invention should pay appropriate royalties. For disputes over the use of an invention without paying appropriate fees after the invention patent application is published but before the patent right is granted, the patentee should request mediation from the patent management department after the patent right is granted, or directly file a lawsuit with the People's Court.
(2) There must be an act of infringement, that is, the actor has objectively committed an act that infringes on the patent of others.
(3) For the purpose of production and operation. Implementation for non-production and business purposes does not constitute infringement.
(4) It violates the provisions of the law, that is, the actor's act of implementing the patent does not have the permission of the patentee and has no legal basis.
2. Legal basis: Article 65 and 75 of the "Patent Law of the People's Republic of China"
2. What are the classifications of patent infringement
1. Patent infringement is divided into two categories: direct infringement and indirect infringement.
2. Direct infringement. This refers to the act of infringing the patent rights of others directly carried out by the perpetrator. its performanceForms include: the act of manufacturing invention, utility model, and design patented products; the act of using invention, utility model patented products; the act of promising to sell invention, utility model patented products; the act of selling invention, utility model, or design patented products; The act of importing invention, utility model, and design patented products;
3. Using patented methods and using, promising to sell, selling, and importing products directly obtained in accordance with the patented method Products;
4. Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of patent rights, but he has committed acts of inducing, encouraging, instigating, and helping others to infringe patent rights. Indirect infringement usually creates conditions for direct infringement. Common forms include: the perpetrator sells parts and components of patented products, molds specially used to implement patented products, or mechanical equipment used to implement patented methods; the perpetrator has not obtained the patent. Authorization or entrustment by the right holder to transfer its patented technology without authorization, etc.
According to the provisions of the Patent Law, if the requirements for infringement of patent rights are met, it can be determined as an infringement of invention patent rights: the object of the infringement is a valid patent; Infringement; Infringement is for the purpose of production and operation. Infringement is for the purpose of production and operation and infringement violates the provisions of the law. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
