What are the main characteristics of patent infringement
So what are the main characteristics of patent infringement:
(1) Implementing others’ patents without permission.
Includes the following 4 specific forms:
1. Products or products manufactured or sold without permission Mark the patent number of others on the packaging;
2. Using other people’s patent numbers in advertisements or other promotional materials without permission, causing people to mistake the technology involved for other people’s patented technology;
3. Use other people’s patent numbers in contracts without permission, causing others toThe technology involved in the contract is mistakenly believed to be someone else’s patented technology;
4. Forge or alter other people’s patent certificates, patent documents or patent application documents.
(2) Using non-patented products as patented products, Passing off a non-patented method as a patented method.
This type of behavior requires general civil tort liability. The patent administration department shall order corrections and provide justice, and may impose penalties.
"Patent Law" Article 60 Unpatented If the patentee's permission is granted to exploit the patent, that is to say, the patent rights are infringed upon and a dispute arises, it shall be settled by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court or request management of the patent. department processing. 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. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administrative department may 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.
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