Whether the dispute over royalties during the temporary protection period is an invention patent infringement dispute?

In practice, some people believe that Disputes over royalties during the temporary protection period of an invention patent (i.e. after the patent application is published but before it is granted) are one type of invention patent infringement disputes. Only by first determining whether there is infringement can we judge whether temporary protection has occurred. The issue of periodic usage fees. Is the dispute over royalties during the temporary protection period an invention patent infringement dispute? The editor of Legal Savior Network has compiled relevant content for you. You are welcome to browse, thank you.

Whether the dispute over temporary protection period royalties is an invention patent infringement dispute

Does not belong.

According to the provisions of the current patent law, invention patents Disputes over royalties during the temporary protection period and disputes over invention patent infringement are two independent disputes, and there is no subordinate relationship. The reasons are as follows:

1. The behaviors that caused the two disputes occurred at different times

After the invention patent is authorized, unauthorized use of the patent without the permission of the patentee may lead to infringement disputes; and a temporary protection period will occur. Royalty disputes, as the name implies, occur during the temporary protection period of a patent, that is, the period after the patent application is published and before it is granted.

2. The legal basis for the two types of dispute resolution is different

3. Starting of the statute of limitations for these two disputes The time is different

The statute of limitations for patent infringement disputes starts from the patent The calculation starts when the patentee knows or should know that the infringement occurs; and if the payment of royalties for the temporary protection period is required, the calculation starts from the date when the patentee knows or should know that others are using his invention. However, the patentee shall not If it has been known or should have been known before the date of grant, the calculation shall be from the date of grant of the patent right.

4. The two types of disputes are separately stipulated as two types Independent cause of action

In summary, invention patent The dispute over temporary protection period royalties and the invention patent infringement dispute are two independent disputes with completely different natures. When responding to a lawsuit or defending, the patentee or alleged infringer should determine the nature of the dispute between the two parties based on the time when the behavior that caused the dispute occurred, so as to protect their own rights and interests in accordance with the corresponding laws.

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