What is patent infringement and litigation?

Nowadays, the whole country is advocating "mass entrepreneurship and innovation". One of the purposes of innovation is to suppress infringement. Our country also has relevant laws to protect patent innovation. So what does patent infringement and litigation look like? Today, the editor of Legal Savior Network has compiled relevant content to answer your questions, and I hope it will be helpful to you.

What are the types of patent infringement and litigation

Patent rights are the patentee’s exclusive rights to exploit 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 patented products ;

4. Use of patented methods and use and sales , the act of promising to sell products directly obtained according to patented methods;

5. Import patented products or products directly obtained by importing patented methods Product behavior;

6. Counterfeiting other people’s patents Behavior;

7. The behavior of passing off patents.

Infringement elements

Constitute a patent The elements of infringement include two aspects: formal conditions and substantive conditions. Among them, the form is patent infringement and its legal liability

The main documents are:

1) Involved in the implementation of the act is a valid Chinese patent;

2 )The implementation must be without the permission or authorization of the patentee;

3) The act must be performed 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.

Legal liability

According to relevant laws, the legal liabilities that patent infringers should bear include civil liability, administrative liability and criminal liability. Liability.

1. Administrative liability for patent infringement, for For patent infringement, the patent management department has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. At the request of the parties, the patent management department can also mediate the amount of compensation for patent infringement.

2. Civil liability for patent infringement

1. Stop infringement means that the patent infringer should manage the patent work according to the The department’s decision or the People’s Court’s ruling shall immediately stop the ongoing patent infringement.

2. Compensation for losses. The amount of compensation for patent infringement shall be determined according to the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; If the benefits obtained are difficult to determine, they can be reasonably determined by referring to the multiple of the patent license fee.

3. Eliminate the influence. When an infringer carries out infringement and causes damage to the goodwill of a patented product in the market, the infringer should adopt appropriate methods to bear the legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the damage caused to the patented product. adverse effects.

3. Criminal liability for patent infringement, in accordance with the patent law According to the provisions of the Criminal Law, if the circumstances are serious and the patent of others is counterfeited, the person directly responsible shall be held criminally responsible.

The above is compiled for you by the editor of Legal Savior Network related content about patent infringement. People are becoming more and more aware of protecting patents. Don’t walk on the edge of the law or touch the bottom line of the law. If your situation is special and complex, it is recommended that you consult a lawyer. Our Legal Savior Network platform provides you with free For legal advice, you can consult any online lawyer.