1. What are the criteria for determining patent infringement
1. Infringement The object 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 ceased to exist from the beginning. Therefore, even if someone else has implemented it before, it is not enough to constitute patent infringement. There are illegal activities. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China" Article 84, The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Products that have not been granted patent rights or Mark the patent logo on its packaging, continue to mark the product or its packaging with the patent logo after the patent right has been declared invalid or terminated, or mark the patent number of another person on the product or product packaging without permission;
(2) Selling the products mentioned in item (1);
(3) Including product instructions and other materials A technology or design that has not been granted a patent right is called a patented technology or a patented design, a patent application is called a patent, or someone else's patent number is used without permission, causing the public to mistake the technology or design involved as a patented technology or patent. Design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
;">(5) Other behaviors that confuse the public and mistake unpatented technology or design for patented technology or patented design.
2. What are the legal liabilities for patent infringement
According to the provisions of the Patent Law and its related laws, the infringer shall bear Legal liability includes civil liability, administrative liability and criminal liability. For patent infringement, the patent management department has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. At the request of the parties, the patent management department can also mediate the amount of compensation for patent infringement. Stopping infringement means that the perpetrator of patent infringement should immediately stop the ongoing patent infringement according to the decision of the patent management department or the judgment of the people's court.
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