Patent infringement refers to the act of exploiting another person's patent for profit without the permission of the patentee and no legal basis within the validity period of the patent right.
It has the following characteristics:
1. The object of infringement is a valid patent. Patent infringement must be premised on the existence of a valid patent, and the implementation of technologies prior to patent authorization, patents that have been invalidated, or abandoned by the patentee, or technologies that have expired, does not constitute infringement. The Patent Law provides for a temporary protection system. After an 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 the invention after the publication of the application for a patent for invention and before the grant of the patent right without paying appropriate fees, the patentee shall, after the patent right is granted, request mediation by the administrative department of patent work or directly file a lawsuit in the people’s court.
2. There must be an infringement, that is, the actor objectively implemented an act that infringed the patent of others.
3. For the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement.
4. Violation of the provisions of the law, that is, the act of the perpetrator to implement the patent has no permission from the patentee and no legal basis.
Patent infringement is divided into direct infringement and indirect infringement.
. Direct infringement. This refers to the act of infringing on the patent rights of others directly committed by the perpetrator.
Its manifestations include:
(1) Acts of manufacturing inventions, utility models, and design patented products;
(2) Acts of using inventions and utility model patented products;
(3) Acts of promising to sell invention and utility model patented products;
(4) The act of selling invention, utility model or design patent products;
(5) Acts of importing inventions, utility models, and design patented products;
(6) Acts of using patented methods and using, promising to sell, sell, and import products directly obtained in accordance with the patented methods;
(7) Acts of counterfeiting the patents of others.
The use or sale of a patented product that is not known to be manufactured and sold without the permission of the patentee for production and business purposes or a product directly obtained in accordance with a patented method can prove the legal origin of the product is still an act of infringement of patent rights. Stop the infringement but do not assume the liability for compensation.
