1. What are the legal consequences of patent infringement
1. Patent The legal consequences of infringement are as follows: compensation for losses suffered by the right holder; administrative responsibility and administrative penalties in accordance with the law; if it constitutes a criminal offense such as patent counterfeiting, criminal liability shall be borne in accordance with the law.
2. Legal basis: According to Article 68 of the Patent Law, anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, The department responsible for patent law enforcement shall order corrections and make an announcement, confiscate the illegal income, and may impose a fine of not more than five times the illegal income; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; Constitute a crime, be held criminally responsible.
2. What behaviors are not considered patent infringement
1. The patentee manufactures, imports or After selling a patented product manufactured or imported with the permission of the patentee or a product directly obtained according to the patented method, the product is used, offered for sale or sold.
2. The same product has been manufactured, the same method has been used before the patent application date, or the necessary preparations for manufacturing and use have been made, and manufacturing will only continue within the original scope ,in use.
international treaties, or in accordance with the principle of reciprocity, the use of relevant patents in the devices and equipment of the means of transportation for their own needs.4. Use relevant patents exclusively for scientific research and experiments. Used for production and business purposes orIf a person sells a patented product that he does not know is manufactured and sold without the permission of the patentee, or a product that is directly obtained according to a patented method and can prove the legal source of the product, he will not be liable for compensation.
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