What is Patent infringement
Patent infringement Behavior refers to the behavior that violates the provisions of Patent by exploiting other people's patents for profit without the permission of the patentee and without legal basis during the validity period of the patent. It is a patent infringement and should bear the responsibility for infringement of patent rights. .
Use or sell for production and business purposes without knowing that it is manufactured and sold without the permission of the patentee Patented products or products directly obtained according to patented methods, if the legal origin of the products can be proven, they will not be liable for compensation.
Use the patent without the permission of the patentee , that is, if the patent rights are infringed and disputes arise, the parties shall resolve the dispute through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. When the patent management department handles the case, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the People's Court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the handling notice. Sue; if the infringer does not sue or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. The department that handles patent matters may, at the request of the party concerned, determine the amount of compensation for infringement of patent rights.Mediation; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
If a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual manufacturing the same product shall provide proof that its product manufacturing method is different from the patented method; Where utility model patents are involved, the people's court or the patent management department may require the patentee to issue a search report made by the patent administration department of the State Council.
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