What are the situations of patent infringement?

Infringement of Patent rights: The actor makes, uses, offers for sale, sells, imports, etc. the invention and utility model patents without authorization for the purpose of production and business operations; the actor manufactures, offers for sale, sells, imports, etc. the designs of others without authorization for the purpose of production and business operations Patented products; other situations of patent infringement. Regarding the questions about the circumstances of patent infringement, the editor of Legal Savior Network will give you detailed answers below.

1. What are the circumstances of patent infringement

1. Infringement of patent rights Situations:

(1) The actor makes, uses, offers for sale, sells, imports, etc. inventions and utility model patents without authorization for production and business purposes;

(2)The actor manufactures, offers to sell, sells, Importing other people’s design patented products;

(3)Other situations of patent infringement .

2. Legal basis: "Patent Law of the People's Republic of China"

Article 11 After the patent rights for inventions, inventions and utility models are granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, offer for sale, or Selling or importing its patented products, or using its patented methods and using, promising to sell, selling, or importing products directly obtained according to the patented methods.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products.

2. How to punish infringement of invention patent rights

Anyone who exploits other people's patents without authorization shall be subject to the following penalties:

1. Those who counterfeit other people's patents: bear civil liability (compensate the patentee's losses) ); the department that manages patent work shall impose the following sanctions: order to make corrections and make an announcement; there is no illegal income; and a fine of not more than three times the illegal income; if there is no illegal income, a fine of not more than 50,000 yuan; if a crime is constituted, criminal prosecution will be pursued in accordance with the law Responsibility.

2. If non-patented products are used as patented products or non-patented methods are used as patented methods: the department managing patent affairs shall order corrections and make an announcement; and A fine of not more than 50,000 yuan shall be imposed.

I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Consult a professional lawyer online.