1. What are the classifications of patent infringement
1. Classification of patent infringement There are direct infringement and indirect infringement.
(1) Direct infringement, that is, the perpetrator manufactures, uses, offers to sell, sells, and imports its patented products without the permission of the patentee;
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(2)Indirect infringement, that is, the perpetrator instigates or threatens others without the patent owner’s permission License, manufacture, use, offer to sell, sell or import its patented products without authorization.
2. "Patent Law of the People's Republic of China"
Article 66 Patent Infringement If the dispute involves an invention patent for a new product manufacturing method, the unit or individual manufacturing the same product shall provide proof that its product manufacturing method is different from the patented method. If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department administering patent affairs may require the patentee or interested party to issue a document after the patent administration department of the State Council has searched, analyzed and evaluated the relevant utility model or design. The patent right evaluation report produced shall be used as evidence in the trial and handling of patent infringement disputes; the patentee, interested parties or accused infringers may also take the initiative to issue a patent right evaluation report.
2. What are the types of patent infringement
Patent infringements fall into the following six categories:
1. Manufacturing others’ patented products behavior;
2. The act of intentionally using invention or utility model patented products;
3. The act of promising to sell or selling patented products without permission;
4. The act of using patented methods without permission and using, promising to sell, or selling products directly obtained according to patented methods;
5. The act of importing patented products without permission or importing products obtained directly according to patented methods; the act of counterfeiting other people's patents.
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