What are the conditions for patent infringement to constitute a crime?
In fact, according to the relevant provisions of my country's patent law, when determining whether patent infringement occurs, directly comparing the patented product with the product accused of infringement is very likely to lead to a wrong conclusion. The reasons are: first, the scope of protection of patent rights is not determined by the patented product. Inventions and creations, which are the objects of patent rights, are labor products in the form of intangible knowledge, so the scope of protection of patent rights cannot be determined based on the inventions and creations themselves. Second, after a patentee obtains a patent right for a product, the patented product it manufactures or licenses others to manufacture is often inconsistent with the scope of protection claimed by the patentee. The products produced by the patentee are only a specific form of expression of the technical solution and cannot fully express the entire content of the patented technical solution.
The existing basis for determining patent infringement is mainly the provisions of Article 59 of the Patent Law of the People's Republic of China: "Protection of patent rights for inventions or utility models The scope of patent protection shall be based on the content of the claims, and the description and drawings may be used to interpret the claims.” This provision expresses two meanings: First, the scope of patent protection shall be based on the content recorded in the claims, rather than on the patented product. definite. 2. Under the above premise, it is allowed to use the description and drawings to make certain amendments to the protection scope of the claims. Such amendments are based on the patentee's specific description of his invention.
The claims of a patent right are composed of a composed of specific technical features. In an invention patent, the claims include at least one independent claim and may also include dependent claims. Since the independent claims are composed of the necessary technical features that are indispensable for an invention and creation, and have the largest scope of protection, the scope of protection of a patent right is first determined by the independent claims. In my country, all necessary technical features recorded in the independent claims of inventions and utility models are used as an overall technical solution to determine patent rights.protected range. Therefore, when determining whether the alleged infringing object constitutes an infringement of the invention patent rights of others, all technical features of the alleged infringing object should be compared with the necessary technical features of the patent one by one to determine whether all the technical features of the alleged infringing object fall within the scope of the invention. The scope of protection of the independent claims in the patent claims. Here, the alleged infringing article does not have any necessary technical features or main technical features. Instead, all technical features of the alleged infringing article should be compared with the necessary technical features of the patent to draw a conclusion whether they are the same or equivalent. Infringement can only be determined when the alleged infringing object contains all necessary technical features recorded in the independent claims or technical features equivalent to them, otherwise it does not constitute infringement.
It is worth pointing out that the "illegal business amount" here refers to the amount of money the perpetrator makes, stores, transports, and sells infringing products during the process of infringing on intellectual property rights. value. The value of the infringing products sold is calculated based on the sales price over time. The value of manufactured, stored, transported and unsold infringing products shall be calculated based on the marked price or the actual average sales price of the identified infringing products. If the infringed product has no price tag or its actual sales price cannot be ascertained, the calculation shall be based on the market median price of the infringed product. In addition, if the infringement of patent rights is committed multiple times without administrative processing or criminal punishment, the amount of illegal business operations, illegal income amount or sales amount will be calculated cumulatively.
The above is what the editor explains to you about the conditions that can be used to identify patent infringement as a crime. There are many conditions that can be used to identify patent infringement as a crime, but it is difficult to find evidence related to the relevant conditions for determination. To learn more about legal knowledge, please go to the Legal Savior website for professional consultation.
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