What are the patent infringements
Patent rights are created by the patentee using his invention Exclusive rights and patent infringement refer to the illegal act of implementing a valid patent protected by law for the purpose of production and business without the permission of the patentee.
Main types of patent infringement:
1. The act of manufacturing patented products without permission;
2. Intentional use of invention or utility model patented products;
3. Sales and promises The act of selling unlicensed patented products;
4. The act of using patented methods and using, selling, or promising to sell products directly obtained according to patented methods;
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5. The act of importing patented products or products directly obtained according to patented methods;
6. Counterfeiting Acts of patenting by others;
7. Acts of passing off patents.
Manifestations of patent infringement Patent infringement is divided into There are two types of direct infringement and indirect infringement.
1. Direct infringement. This refers to the act of infringing the patent rights of others directly carried out by the perpetrator. Its manifestations include:
(1) The act of manufacturing patented products for inventions, utility models, and designs;
(2) The use of invention and utility model patented productsfor;
(3) The act of promising to sell products with inventions, utility model patents, and design patents;
">(4) The act of selling invention, utility model, or design patented products;
(5) The act of importing invention, utility model, or design patented products;
(6) The act of using a patented method and using, offering to sell, selling, or 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. Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of patent rights, but he has committed acts of inducing, encouraging, instigating, and helping others to infringe patent rights.
What are the principles for determining patent infringement
Patent infringement Determination is an important part of patent infringement theory. Its main determination principles are generally: compromise principle, estoppel principle, sameness principle and equivalent principle.
If you find that you have been infringed upon a patent, please choose a good lawyer in time to pursue appropriate legal proceedings. If you have other questions that have not been resolved, welcome to the Legal Savior Network for targeted legal consultation!