What are the types of patent infringement
Generally, patent infringement usually includes productive infringement, business infringement and Indirect There are three types of sexual violations.
Production infringement includes two aspects, one is production 1. Manufacturing someone else's patented product; 2. Using someone else's patented technology to directly or indirectly produce and make a profit is called productive infringement. The use of a method constitutes infringement as long as it is used for production and business operations. If you design and manufacture a patented product of others and then use it for production and business purposes, this manufacturing and use behavior also constitutes productive infringement.
There is no use-related infringement of design patents, but only production-related infringement due to manufacturing activities. Business infringement actually refers to infringement caused by selling infringing products. Sales infringement refers to the production and sale of products knowingly infringing the patent rights of others. This kind of knowing should be based on direct knowing and not on the premise of should knowing. For example, receiving a notice or warning from the patentee should be regarded as direct knowledge. An announcement in the Patent Gazette or a statement in a newspaper cannot in principle be regarded as a prerequisite for knowledge.
It is best to go through the notary office, industrial and commercial department, and management patent Direct notification from work department for sale of infringing productsFor patent owners, such evidence is more reliable, and ordinary letters are often not enough to prove that the patentee has warned the seller.
Indirect infringement is based on the establishment of direct infringement Conditionally, if direct infringement is not established, indirect infringement cannot exist. The establishment of indirect infringement often involves a certain degree of common intention or knowledge. Indirect infringement usually has the following three forms:
One is knowing that a major part produced by oneself is specially manufactured for a certain patent infringer and is not universal. It may constitute indirect infringement.
The second is to provide complete sets of production accessories that are assembled by others Products, and these complete sets of production accessories are sold in sets, and their assembly together will inevitably constitute infringement of other people's patents and should be regarded as indirect infringement. However, if the products produced are general accessories, after others purchase them, they need to add other Accessories can be combined into products. Unless there is common intention, indirect infringement generally does not constitute indirect infringement.
The third is indirect infringement of transfer permission, due to the transfer of a certain Transfer a technology to others for production, or even license a certain patent to others for production or use. Production or use constitutes infringement of the patent rights of others, and the party transferring technology or licensing the patent may also constitute indirect infringement.
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