How to punish patent infringement
Using the patent without the permission of the patent owner will infringe its patent rights and cause disputes If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. 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 administrative 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.
Patent rights are the patentee’s exclusive right to use his inventions and creations. Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and business without the permission of the patentee.
The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions. Among them, the formal requirements mainly include: 1) The act of implementation involves a valid Chinese patent; 2) The act of implementation must be without the permission or authorization of the patentee.Rights; 3) The performance of the act must be for the purpose of production and business operations. Whether the perpetrator has subjective intention is not a formal requirement. However, it can be used as a basis to measure the severity of the circumstances.
The essential elements that constitute patent infringement, that is, the technical conditions , whether the actual implementation behavior falls within the scope of patent protection. If the technical features involved by the actor fall within the scope of patent protection, then the actor has committed patent infringement. There are mainly the following forms of expression: 1) The technical features involved by the actor are all the same as those of the patent, which constitutes infringement; 2) The technical features involved by the actor are more than the technical features of the patent, which also constitutes infringement; 3 ) The technical features involved by the actor are either the same or different from the technical features of the patent. However, if the different technical features are equivalent to the technical features of the patent, they still constitute infringement; otherwise, they do not constitute infringement. The equivalence of technical features here means that ordinary technicians in the technical field can infer that the effect produced by replacing two technical features with each other is the same.
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