What are the remedies for patent infringement
A criminal offense, if the person counterfeits a patent, the sales volume or the loss caused reaches a certain level amount, a criminal case can be filed. Be held criminally responsible.
Second administration, you can request it from the local intellectual property office If the case is investigated and found to be infringing, the amount of compensation can be mediated. (This approach is effective in stopping infringement immediately.)
Three civil cases can be brought to the Intermediate People's Court in the provincial capital city or other Intermediate People's Court with jurisdiction. Demand an end to the infringement and compensation for losses. (This method can compensate for losses through compensation)
Patent rights are the patentee’s exclusive right to use his inventions and creations. Patent infringement refers 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.
Type of infringement
1. The act of manufacturing patented products without permission;2. Intentional use of invention or utility model patented products;
3. Selling or promising to sell unlicensed patents Product behavior;
4. Use of patented methods and use The act of selling, selling or promising to sell products directly obtained by patented methods;
5. The act of importing patented products or products directly obtained according to patented methods;
6. The act of counterfeiting other people’s patents;
7. Patent counterfeiting.
Infringement elements
Constitute patent infringementThe requirements include two aspects: formal conditions and substantive conditions.
Among them, the formal requirements mainly include:
1) The implementation involves a valid Chinese patent;
2) The implementation must be done without the permission of the patentee Permitted or authorized;
3) The implementation behavior must be For the purpose of production and operation. Whether the perpetrator has subjective intention is not a formal requirement. However, it can be used as a basis to measure the severity of the circumstances.
The essential elements that constitute patent infringement, that is, the technical conditions , whether the actual implementation behavior falls within the scope of patent protection. If the technical features involved by the actor fall within the scope of patent protection, then the actor has committed patent infringement. There are mainly the following forms of expression: 1) The technical features involved by the actor are all the same as those of the patent, which constitutes infringement; 2) The technical features involved by the actor are more than the technical features of the patent, which also constitutes infringement; 3 ) The technical features involved by the actor are either the same or different from the technical features of the patent. However, if the different technical features are equivalent to the technical features of the patent, they still constitute infringement; otherwise, they do not constitute infringement. The equivalence of technical features here means that ordinary technicians in the technical field can infer that the effect produced by replacing two technical features with each other is the same.
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