What are the components of patent infringement
The constituent elements of general civil tort liability usually include four aspects: illegal behavior, damage results, causal relationship between illegal behavior and damage results, and subjective fault of the actor .
For patent infringement liability, the constituent elements mainly include the following aspects:
1 , the object of infringement should be a valid patent that enjoys Patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only patent rights that have not expired due to payment, invalidation, abandonment, etc. within the specified protection period are valid patents.
It should be noted that if a patent right is declared invalid for some reason, the patent right will be deemed to have not existed from the beginning, so even if there is It is not enough for others to have implemented it before to constitute patent infringement.
2. There are illegal activities. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.
It should be noted that Article 69 of the Patent Law stipulates five types of behavior that are not considered to be infringement, which are exceptions to patent infringement liability. If the perpetrator If no evidence can be provided as a defense, the perpetrator shall be deemed to have committed patent infringement and shall bear liability in accordance with the law.
3. The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an infringement of the patent rights of others and carries out the behavior; the so-called negligence means that the actor carries out the behavior of infringing the patent rights of others due to negligence or overconfidence.
4. The purpose should be production and operation. Article 11 of the Patent Law stipulates: After an invention-creation is granted a patent right, no one may exploit the patent, unless otherwise provided in this Law.For the purpose of business operation. Therefore, the purpose of production and operation should also be one of the constituent elements for judging patent infringement.
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