What is patent infringement
Patent infringement liability means that within the validity period of the patent right, the actor does not have the permission of the patentee, unless otherwise provided by law. Acts of exploiting patents for profit-making purposes, other than those provided for in the regulations.
The implementation mentioned here, for product patents, refers to the manufacture, use, sale, sale and import of the patented product , for a process patent, it refers to the use of the patented method or the use, sale, sale, or import of products directly obtained according to the patented method; for industrial product designs, it refers to the manufacture, sale, or import of the design product. . Among them, promise to sell is an added content of the newly revised patent law.
As for liability for patent infringement, it is believed that the main elements are as follows:
(1) The object of the infringement should be A valid patent with patent rights in my country. Only during the protection period does the patentee have exclusive rights. If the validity period expires, the invention has entered the public domain and can be implemented by anyone, so there is no issue of patent infringement. In addition, if a patent is revoked or declared invalid for other reasons, the patent is deemed to have ceased to exist. Therefore, even if someone else implements it, it is not enough to constitute patent infringement.
(2) There are illegal activities. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.
(3) The actor is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an act that infringes the patent rights of others. Carry out this act. For example, if the infringer knows that a certain product is a patented product, but manufactures the product for the purpose of production and operation without authorization; the so-called negligence means that the actor commits an act of infringing the patent rights of others due to negligence or overconfidence.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.