1. What are the criteria for determining invention patent infringement
1. Invention The criteria for determining patent infringement are as follows:
(1) The object of infringement is a valid patent. To constitute patent infringement, a valid existing patent must be the premise. Implementing a patent that has been declared invalid or abandoned or a technology whose patent term has expired does not constitute patent infringement.
(2). There must be an infringement. That is, there is an act of exploiting the patent without the permission of the patentee.
(3) The infringer actually committed the infringement for the purpose of production and business operations.
(4). The infringer does not need to be subjectively at fault. In the settlement of patent infringement disputes, the patentee does not need to bear the burden of proof that the respondent has subjective fault. Patent infringement is based on the principle of no-fault liability. The temporal and geographical nature of intellectual property rights and the intangibility of knowledge products make the possibility of others inadvertently intruding into the scope of rights much greater than other civil rights.
2. Legal basis: Article 75 of the "Patent Law of the People's Republic of China"
2. How to protect invention patent infringement
1. The matter shall be resolved through negotiation between the parties. In order to resolve the infringement dispute as soon as possible, it is best to first try to communicate with the other party and confirm a settlement agreement. Usually the infringed party can ask the infringer to compensate for losses, or to pay royalties for invention patents, etc.
2. Contact the patent management administrative department to handle it. If the matter cannot be resolved through negotiation or the infringer is unwilling to negotiate at all, then the invention patentee or interested party can quickly approach the patent processing department for processing. However, it is not necessary to go through negotiation before going to the government department to handle the matter. If you feel it is acceptable, the party concerned can choose to go to the patent department from the beginning.3. File a lawsuit in court. Under normal circumstances, many people will negotiate or go to the patent department at the beginning, and finally file a lawsuit in court. However, just like going to the patent department, filing a lawsuit in court does not require you to negotiate first or go to the relevant department to handle it.
According to the provisions of the Patent Law, the criteria for determining invention patent infringement include: the object of the infringement is a valid patent; there must be an infringement; People commit infringing acts for the purpose of production and business operations, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
