Is using a product that infringes a patent an infringement?

According to the provisions of the Patent Law, whether the use of products that infringe patent rights is an infringement depends on whether the user knows whether the product is infringing or not. Regarding the question of whether the use of products that infringe patent rights is an infringement, the editor of Legal Savior Network will answer it in detail below.

1. Is the use of products that infringe patent rights an infringement?

1 Whether the use of products that infringe patent rights is an infringement depends on whether the user knows whether the product is infringing or not.

2. The elements constituting patent infringement include two aspects: formal conditions and substantive conditions.

(1) The formal requirements mainly include:

①The performance of the act involves a A valid Chinese patent;

②The implementation must be without the permission or authorization of the patentee;

③The implementation behavior 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.

(2) Whether the substantive elements constituting patent infringement, that is, technical conditions, and substantive implementation activities fall within the scope of patent protection.

① If the technical features involved by the actor are all the same as those of the patent, it constitutes infringement;

②The technical features involved by the perpetrator are more than those of the patent, which also constitutes infringement;

③The technical features involved by the perpetrator are different from those of the patent The technical features may be the same or different. 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.

3. Legal basis: Article 75 of the "Patent Law" shall not be deemed to infringe patent rights if any of the following circumstances occurs:

(1) After a patented product or a product directly obtained according to a patented method is sold by the patentee or an entity or individual licensed by it, the user shall use, promise to sell, sell, or import the product. Product;

(2) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and only the original continue to be manufactured and used within the scope;

(3) Foreign transportation vehicles that temporarily pass through China’s territorial land, territorial waters, and airspace shall be subject to the agreement signed between the country to which they belong and China. Agreements or international treaties to which both parties are party, or in accordance with the principle of reciprocity, the use of relevant patents in the devices and equipment of the means of transportation for their own needs;

(IV ) Use relevant patents exclusively for scientific research and experiments;

(5) To provide information required for administrative approval, manufacture, use, or import patented drugs or Patented medical devices, as well as manufacturing and importing patented medicines or patented medical devices specifically for them.

2. What are the types of patent infringement

1. The act of manufacturing patented products without permission;

2. Intentional use of inventions or practical applications The act of new patented products;

3. The act of selling or promising to sell unlicensed patented products;

4. The act of using patented methods and using, selling, or promising to sell products directly obtained according to patented methods;

5. Importing patented products or The act of importing products directly obtained by patented methods;

6. The act of counterfeiting other people's patents;

;">7. The act of passing off patents.

We can understand that according to regulations, Whether the use of a product that infringes a patent right is an infringement depends on whether the user knows whether the product infringes the patent rights. There are many types of patent infringement.I hope the above content will be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.