What are the legal provisions for Patent infringement
"Patent Law"
Article 61 If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual that manufactures the same product shall provide its product Proof that the manufacturing method differs from the patented method.
If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department managing patent affairs may require the patentee or interested party to issue a document issued by the State Council. The patent right evaluation report produced by the patent administration department after retrieval, analysis and evaluation of relevant utility models or designs shall be used as evidence in the trial and handling of patent infringement disputes.
Article 62: In patent infringement disputes, the accused infringer has evidence If it is proved that the technology or design implemented belongs to the existing technology or existing design, it does not constitute infringement of patent rights.
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