Will there be infringement if the patent rights are terminated?

In the real world, applying for a patent can protect the rights and interests of the inventor from being infringed, but in many cases the patent right faces termination. So, will there be infringement when the Patent rights are terminated? Regarding this issue, the editor of Legal Savior Network will explain the relevant content to you for your reference and study. I hope it will be helpful to everyone.

1. Will there be infringement after the termination of the patent right?

After the termination of the patent right , the invention becomes public wealth and can be used by any unit or individual free of charge.

2. Relevant legal basis

"Patent Law of the People's Republic of China" Article 44 Under any of the following circumstances, the patent right shall be terminated before the expiration of the term:

(1) Failure to pay the annual fee as required;

(2) The patentee has given up its patent rights in a written statement. If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.

3. What are the manifestations of patent infringement

(1) The act of manufacturing invention, utility model, and design patented products;

(2) The act of using invention, utility model patented products;

(3) The act of promising to sell products with inventions, utility model patents, and design patents;

(4 )The act of selling invention, utility model or design patented products;

(5)The act of importing invention, utility model or design patented products;

(6) The act of using a patented method and using, offering to sell, selling, or importing products directly obtained according to the patented method;

(7) The act of counterfeiting other people’s patents. Using or selling for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee or a product directly obtained according to a patented method, and the legal source of the product can be proven, is still an infringement of patent rights and requires Stop the infringement but do not assume liability for compensation.

Through the editor's introduction, we can understand that after the patent rights are terminated, the invention becomes public wealth and can be used by any organization or individual. Hope everyone can understand. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.