Is the accused product infringing patent rights because it does not cover the patented product?

According to the relevant laws of our country, patent rights are protected by law. If the patent owner's patent is infringed, the infringer must bear the liability for the infringement. There are many ways to bear infringement liability. So how are the acts of patent infringement punished? The following is determined by law The editor of Savior.com provides answers for readers. I hope the following knowledge will be helpful to readers.

Is the patent infringement due to the accused product not covering the patented product

The accused product does not cover the patent and the product infringes the patent right.

Infringe the patents of others in accordance with the relevant laws of our country If it constitutes a crime, the liability for punishment includes stopping the infringement, compensating for losses, etc. If a crime is constituted, criminal liability will be pursued.

"Patent Law of the People's Republic of China"Article 60 Without patent rights If the patentee exploits the patent with the permission of the other party, that is, infringes the patent rights and causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court or request management of the patent work. Department processing. 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. The department responsible for managing patents may, at the request of the party concerned, file a lawsuit against the infringement of patent rights.The amount of compensation shall be mediated through mediation; 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.

"Criminal Law of the People's Republic of China"

Article 216 [Crime of Counterfeiting Patent] Impersonating another person If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.