What are the laws and regulations related to utility model patent infringement?

When you invent something, you are still happy to apply for a patent. However, if you apply for a patent, you will still encounter infringement. So what are the laws and regulations regarding infringement? What are the laws and regulations related to utility model patent infringement? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the laws and regulations related to utility model patent infringement

"Patent Law Implementing Rules"Article 59 The scope of protection of a patent right for an invention or utility model shall be based on the content of its claims, description and drawings can be used to interpret the content of the claims.

The protection scope of the design patent right is expressed in The design of the product shown in the picture or photo shall prevail. A brief description may be used to explain the design of the product represented by the picture or photo.

Article 60 Without the permission of the patentee , if a dispute arises due to the use of its patent, that is, infringement of its patent rights, the parties shall resolve it through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. . When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. The court shall sue; if the infringer does not sue at the expiration of the time limit and does not stop the infringement, the management specialist shallThe department that works for the benefit of the public can apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

"Patent Law Implementing Rules" Sixth Article 11 If a patent infringement 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.

Patent infringement disputes involve utility model patents or designs In the case of a patent, the people's court or the patent management department may require the patentee or interested party to issue a patent evaluation report made by the patent administration department of the State Council after retrieval, analysis and evaluation of the relevant utility model or design, as part of the trial, Handle evidence in patent infringement disputes.

Article 62 in patent infringement disputes , if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute patent infringement.

Article 63: Counterfeiting of patents, except In addition to bearing civil liability in accordance with the law, the patent management department shall order corrections and make an announcement, confiscate the illegal gains, and may impose a fine of not more than four times the illegal gains; if there are no illegal gains, a fine of not more than 200,000 yuan may be imposed; this constitutes a crime , be held criminally responsible in accordance with the law.

Article 64: When investigating and handling suspected counterfeiting of patents based on the evidence that has been obtained, the patent management department may question the relevant parties and investigate Situations related to suspected illegal acts; conduct on-site inspections of the premises where the parties are suspected of illegal acts; review and copy contracts, invoices, account books and other relevant materials related to suspected illegal acts; inspect products related to suspected illegal acts, and conduct on-site inspections where there is evidence Products proven to be counterfeit patents can be seized or seized.

The department managing patent work shall exercise the provisions of the preceding paragraph in accordance with the law. When exercising their powers, the parties concerned shall assist and cooperate and shall not refuse or obstruct.

Use or sell for production and business purposes without knowing whether Patented products manufactured and sold without the permission of the patentee or products directly obtained according to patented methods will not be liable for compensation if the legal origin of the products can be proven.