Patent infringement legal liability

There are many Patents, such as technology patents, appearance patents, invention patents, etc. After a patent is registered, it is generally owned by the patent registration owner. Using the patent without the consent of the patent owner generally constitutes patent infringement. So what are the legal responsibilities for patent infringement? The editor of Legal Savior Network will answer the questions for readers below.

1. Legal liability for patent infringement

According to the provisions of the Patent Law and its related laws , the legal liabilities that infringers should bear include civil liability, administrative liability and criminal liability.

Administrative Liability

For patent infringement, the department managing patent work has the right to order the infringer Stop infringement, order corrections, impose fines, etc. The patent management department may also mediate the amount of compensation for patent infringement at the request of the party concerned.

Civil liability

1. Stop infringement

Stop infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the patent management department or the judgment of the people's court.

2. Compensation for losses

The amount of compensation for patent infringement shall be based on the amount of compensation the patentee has suffered due to infringement. The losses suffered or the benefits obtained by the infringer are determined; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, they can be reasonably determined by referring to a multiple of the patent license fee.

3. Eliminate the impact

When the infringer carries out the infringing act, it will have a negative impact on the market of the patented product. When goodwill is damaged, the infringer should take appropriate measures to bear the legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the adverse impact on the patented product.

Criminal liability

In accordance with the provisions of the Patent Law and the Criminal Law, if someone counterfeits the patent of others and the circumstances are serious, Those directly responsible should be held criminally responsible.

2. Situations of patent infringement

Article 60 of the Patent Law stipulates that without the permission of the patentee , if a dispute arises due to the use of its patent, that is, infringement of its patent rights, the parties shall resolve it through negotiation; if they 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. .The acts that infringe patent rights are as follows:

1. The act of manufacturing patented products without permission;

2. Intentional use of invention or utility model patented products;

3. 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 , The act of importing patented products or importing products directly obtained according to patented methods;

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

7. Behavior of counterfeiting patents.

3. What are the behaviors that do not constitute infringement of patent rights?

Article 69 of the Patent Law stipulates that any of the following circumstances will not be regarded as infringement of patent rights:

(1) Patented products or products directly obtained according to patented methods are used, promised to sell, sold or imported after being sold by the patentee or an entity or individual licensed by the patentee;

(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 date of patent application, and the manufacturing and use will only continue within the original scope;

(3) Foreign means of transportation that temporarily pass through China’s territorial land, territorial waters, and airspace shall be in accordance with the agreement signed by the country to which they belong and China or the international treaty to which they both participate, or in accordance with the The principle of reciprocity, the use of relevant patents in the devices and equipment of the transportation vehicle for its own needs; (4) The use of relevant patents exclusively for scientific research and experiments ;

(5) Manufacture, use, or import of patented drugs or patented medical devices for the purpose of providing information required for administrative review and approval, or manufacturing, importing patented drugs or devices specifically for them Patented medical devices.

If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.