What situations do not constitute infringement of patent rights in patent infringement disputes?

According to the provisions of the Patent Law, in patent infringement disputes, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute an infringement of Patent rights. Regarding the question of what situations do not constitute infringement of patent rights in patent infringement disputes, the editor of Legal Savior Network will give you a detailed answer below.

1. What situations do not constitute infringement of patent rights in patent infringement disputes

1. In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute patent infringement.

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

Sixty-seventh Article 1 In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute patent infringement.

2. Characteristics of patent infringement

(1) The object of infringement is a valid patent. Patent infringement must be based on the existence of a valid patent. The implementation of technology before patent authorization, patents that have been declared invalid, abandoned by the patentee, or technology whose patent rights have expired does not constitute infringement. The Patent Law stipulates a temporary protection system. After the invention patent application is published and before the patent right is granted, those who use the invention should pay appropriate royalties. For disputes over the use of an invention without paying appropriate fees after the invention patent application is published but before the patent right is granted, the patentee should request mediation from the patent management department after the patent right is granted, or directly file a lawsuit with the People's Court.

(2) There must be an act of infringement, that is, the actor has objectively committed an act that infringes on the patent of others.

(3) For the purpose of production and operation. Implementation for non-production and business purposes does not constitute infringement.

(4) It violates the provisions of the law, that is, the actor's act of implementing the patent does not have the permission of the patentee and has no legal basis.

According to the provisions of the Patent Law, in patent infringement disputes, if the accused infringer has evidence to prove that the technology or design implemented belongs to the existing technology or existing design, it does not constitute an infringement of patent rights. Hope the above content It can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.