Patent infringement and the constitutive elements for resolving Patent infringement. The constitutive elements for patent infringement include the following: 1. The patent is valid 2. Without permission 3. For the purpose of production and business 4. The manufacturing, use, offering for sale, sale and Import and other behaviors 5. Behaviors that fall within the scope of patent protection do not constitute patent infringement. The situations that do not constitute patent infringement include: 1. Exhaustion of rights 2. Priority of use means that it has been implemented or prepared for implementation before the date of application and is within the original scope The technology is implemented within the country and the technology was legally obtained by the party concerned (including self-developed and acquired in good faith). 3. Use on temporary transit vehicles 4. Use for non-production and business purposes (teaching and scientific research) Ways to resolve infringement disputes There are the following ways to resolve infringement disputes: 1. Negotiation has the advantage of avoiding litigation and not harming peace. , can change from a competitor to a partner. 2. The advantage of requesting administrative agencies to handle the case is that the procedure is simple and fast, and the infringement can be stopped in a timely manner. 3. The advantage of filing a lawsuit in the People's Court is that it has many means and is highly effective, but the procedure is complicated.
Main body
Patent infringement and resolution
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