Is it illegal to infringe patent rights in documents
According to the provisions of patent law Without authorization, the implementation of a patent constitutes a patent claim, and infringement of special rights in documents is an illegal act and requires legal liability.
"Patent Law of the People's Republic of China"
Article 60 Licensing and exploiting its patent, that is, infringing its patent rights and causing disputes, shall be resolved by the parties through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court or request the patent management department. deal with. 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 administration 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.
How to determine invention patent infringement
Invention or utility model The scope of protection of a patent shall be determined by the content of its claims, and the description and drawings may be used to interpret the claims. This provision means that the scope of protection of rights shall be based on the scope determined by the necessary technical features clearly stated in the claims, which of course also includes the scope determined by the same features as the necessary technical features.
The so-called equivalent features refer to the technical features recorded in the claims of the invention patent or utility model patent that are implemented by basically the same means and are basically the same. function, so as to achieve basically the same effect, and at the same time, it requires technicians in the technical field not to go through creative efforts.Characteristics that can be associated with movement.
The principle of equivalence in judging infringement of invention patents and utility model patents is based on the methods mentioned above and the claims, descriptions, drawings, etc. content, and a method to determine whether the product sued by the plaintiff constitutes patent infringement. The people's court uses the principle of equivalents to determine whether the product in litigation is infringing in the following ways:
(1) After a simple shift of product parts or a simple change in the sequence of method steps , if a person of ordinary skill in the field of the product or method believes that there is no essential difference between the two and is basically the same as the resulting patented technology, the product can basically be determined to be infringing;
(2) Equivalent replacement. It means that a certain technical feature recorded in the claim also has a corresponding technical feature in the product or method accused of infringement, and the two technical features play basically the same role or effect in the product or method, and Ordinary technicians in the technical field generally know that these two technical features can be interchanged, and the people's court can determine that the product in litigation is infringing;
(3) Decompose or merge technical features. Decomposition means replacing a certain technical feature recorded in the claims of the infringed product with two technical features of the allegedly infringing product or method; merging means replacing the rights of the infringed product with one technical feature of the allegedly infringing product or method. If two technical features recorded in the request can be combined or decomposed and ordinary technicians in the technical field can achieve the positive effects of the patented technology without creative work, the people's court may determine it as equivalent infringement.
What behaviors are patent infringements
(1) Carrying out other people’s patent activities
This type of patent infringement must meet two conditions: (1) without the permission of the right holder; (2) for the purpose of production and business. According to Article 11 of the Patent Law, there are three specific forms:
1. Manufacturing, using, offering for sale, selling or importing other people’s invention patents products or utility model patented products;
2. Use patented products invented by others;Exploiting methods and using, offering to sell, selling or importing products directly obtained according to such methods;
3. Manufacturing, selling or importing other people's design patented products.
(2) Counterfeiting others’ patents
This type of patent infringement refers to the infringement of patent rights According to Article 84 of the "Patent Law Implementing Rules", a person's right to mark has the following four forms:
1. Without permission, in its manufacture or Marking other people’s patent numbers on the products and product packages being sold;
2. Using other people’s patent numbers in advertisements or other promotional materials without permission, Causing people to mistake the technology involved as someone else’s patented technology;
3. Using someone else’s patent number in a contract without permission, causing people to mistake it for someone else’s patented technology. The technology involved in the contract is mistaken for someone else’s patented technology;
4. Forge or alter someone else’s patent certificate, patent document or patent application document.
In addition, Article 59 of the Patent Law also stipulates another illegal act, namely "passing off patented products with non-patented products, passing off non-patented methods as "Patented method", this kind of behavior is not a manifestation of patent infringement, that is, it is not patent infringement, and does not bear patent infringement liability. It only bears general civil tort liability and will be punished by the department managing patent work.
In addition to legal provisions, there are two other infringements in theory and practice: one is "negligent counterfeiting", which means that the perpetrator intends to pass off the patent. , randomly fabricate a patent number, and it happens to be the same as the patent number of a patent obtained by someone. At this time, even if there is no intention of counterfeiting, the result of the behavior still constitutes counterfeiting of another person's patent; the other is "reverse counterfeiting" , refers to the perpetrator selling someone else’s patented product that has been legally obtained by marking it with his or her own patent number. This behavior is obviously not enough to “counterfeit someone else’s patent,” but it actually infringes upon the legitimate patentee’s right to mark, which is still a For infringement, civil liability shall be borne to the offended party.
The above knowledge is the editor's answer to the question "Is it illegal to infringe patent rights in documents?" According to the provisions of the patent law, without authorization , the implementation of a patent constitutes patent debt, and the infringement of special rights in documents is an illegal act and must bear legal responsibility. Readers such asIf you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
No comments yet. Say something...