What are the forms of patent infringement
1. Direct infringement.
Mainly refers to the manufacture, use, sale, offer for sale, and import of inventions and utility models for the purpose of production and business without the permission of the patentee. Patented products or patented products obtained using patented methods, as well as manufacturing, selling, promising to sell, and importing design patented products.
The forms of expression include:
(1) Manufacturing inventions, utility models, and design patented products Behavior;
(2) Behavior of using invention and utility model patented products;
(3 ) The act of promising to sell products patented for inventions, utility models, or designs;
(4) The act of selling products patented for inventions, utility models, or designs;
(4) The act of selling products patented for inventions, utility models, or designs;
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(5) The act of importing invention, utility model, and design patented products;
(6) Use Patented methods and the act of using, offering to sell, selling, and importing products directly obtained according to the patented method;
(7) The act of counterfeiting other people's patents. Using or selling for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee or a product directly obtained according to a patented method, and the legal source of the product can be proven, is still an infringement of patent rights and requires Stop the infringement but do not assume liability for compensation.
2. The behavior of counterfeiting patents
Specifically include the following types :
(1) Mark the patent number of others on the products and packaging of the products it manufactures or sells without permission;
(2) Without permission, Using other people’s patent numbers in advertisements or other promotional materials, causing people to mistake the technology involved as other people’s patented technology;
(3) Without permission , using someone else’s patent number in a contract, causing others to mistake the technology involved in the contract as someone else’s patented technology;
(4) Forging or altering someone else’s patent number Patent certificate, patent document or patent application document.
3. The act of counterfeiting a patent
Patent counterfeiting refers to the behavior of using non-patented products to pass off as patented products, and using non-patented methods to pass off as patented methods, including the following categories:
(1) Manufacture or sell non-patented products marked with patent marks;
(2) After the patent right is declared invalid, continue to mark products manufactured or sold Patent mark;
(3) Referring to non-patented technology as patented technology in advertisements or other promotional materials;
(4) Call non-patented technology patented technology in the contract;
(5) Forge or alter patent certificates, patent documents or patent applications Document.
4. Indirect infringement.
This refers to The actor's own behavior does not directly constitute an infringement of patent rights, but he has committed acts of inducing, encouraging, instigating, or helping others to infringe patent rights. For example, the actor knows that the relevant product can only be used to implement a specific invention or utility model If the patented raw materials, intermediate products, components, equipment, etc. are still provided to a third party to commit acts of patent infringement, and the rights holder claims that the actor and the third party bear joint and several civil liability, the people's court shall support it; If the third party's conduct is not for production and business purposes, and the right holder claims that the actor bears civil liability, the People's Court shall support it.
Be careful in indirect infringements The following points:
(1) The act of transferring patented technology without the authorization or entrustment of the patentee. At this time, if the transferee uses the patented technology to manufacture patented products, then the transferee and transferor If it constitutes a joint infringement, you must bear joint liability.
(2) For other behaviors that induce, encourage, instigate, or help others to infringe, the perpetrator and the infringer constitute a joint infringement, Bear joint and several liability.
There are many professional lawyers on this website. When determining patent infringement, you can directly ask them for answers.