The period when a patent application is not published is considered as infringement. Is it infringement?
It is not considered infringement during the period when the patent application is not published. The patent right takes effect from the date of authorization, and it is not considered infringement before that time. . However, if it is an invention patent and it has been disclosed before authorization, tHere is a temporary protection between the date of disclosure and the date of authorization. If infringement occurs during this period, the other party can be required to pay reasonable fees.
"Patent Law"Article 11 After the patent right for an invention or utility model is granted, other than the following Unless otherwise provided by Law, no unit or individual may exploit its patent without the permission of the Patentee, that is, it may not manufacture, use, offer for sale, sell or import its patented products or use its patented methods for production and business Purposes. Use, offer for sale, sell, and import products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, it may not produce any The business purpose is to manufacture, offer for sale, sell, and import its patented design products.
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