What are the circumstances under which a cessation of patent infringement can be requested
For cessation of infringement, As far as this form of civil liability is concerned, there is only one constitutive element, that is: the actor has violated the law and committed an act that infringes on patent rights, and the act is still continuing.
Conditions for infringement of patent rights
The so-called infringement of patent rights According to Article 57 of my country’s Patent Law, it refers to the act of exploiting someone else’s patent for profit without the permission of the patentee during the validity period of the patent right. It can be seen that infringement of patent rights should meet the following conditions:
1. The object of infringement is a valid patent
Patent right, as an exclusive right of implementation obtained in accordance with the law, is only protected by law at a specific time and in a specific region. Technology whose patent term has expired, or patented technology that has not yet expired but was abandoned by the patentee by refusing to pay patent fees, are not protected by law. Even if the technology patented in China is taken to a foreign country and implemented by others, it will not constitute infringement.
2. The purpose of the infringement is to make a profit
2. p>
The use of relevant patents for personal hobbies or research needs is not for the purpose of production and business, and does not constitute patent infringement. The reason why the Patent Law makes this provision is that if the patent is not used for profit, it is impossible to compete with the patentee in the market and will not affect the economic interests of the patentee. The inventor's focus when applying for patent rights is the material return of the patented technology. Personal use is not for industrial purposes and does not harm the patentee's economic income. Naturally, he does not need to bear patent infringement liability.
3. Committing infringements that violate the law
On the one hand, the patent law clearly stipulates the content and scope of the rights of the obligee; on the other hand, it also It clearly stipulates the forms and types of patent infringement in the form of enumeration. In practice, infringement includes both direct infringement and indirect infringement.
The above is The editor of Legal Savior Network brings you relevant legal knowledge. When you find that your patent has been infringed by others, the parties concerned must be able to protect their rights through the law in a timely manner and must not allow the other party to infringe at will. If you can ask to stop the patent infringement If you still don’t understand, you might as well consult an online lawyer on the Legal Savior Network for answers.
