What is patent infringement and what is patent infringement

According to the provisions of the Patent Law, the infringement of the patent right can be divided into the infringement of the patent mark right and the infringement of the exclusive exploitation right of the patentee The infringement of the patent mark right may constitute the infringement of the patent exploitation right of counterfeiting others, Article 60 of the Patent Law of the People's Republic of China, the legal definition of this infringement is: the act of exploiting the patent without the permission of the patentee There are two conditions here:

The first is, unless otherwise provided by law, without the permission of the patentee;

The second is whether or not the patent is exploited, any person or unit without the permission of the patentee, as long as it is for the purpose of production and operation, any one of the above acts constitutes an infringement of the patent right When the patentee or interested party discovers that there is an infringement of its own patent right, the following measures shall be taken:

1. Confirm the existence of the fact of infringement and analyze the reliability of one's own patent Conduct a careful and meticulous investigation of the subject matter of the infringement and obtain evidence to determine the existence of the fact of infringement, and at the same time carefully determine whether one's patent right is likely to be declared invalid

2. Find out the specific circumstances of the infringement and the degree of loss suffered That is, find out the extent of the infringement by the infringer, including the scale of production, the use of the sales channel, the number of sales, and the amount of economic loss suffered, as well as the unit, name, address, etc. of the infringer

3. Decide on countermeasures According to different specific situations, combined with their own reality, take corresponding countermeasures:

1) If they have the ability to carry out or have carried out it, and wish to continue to monopolize the market, they should take measures to resolutely stop the infringement, and resolutely demand compensation based on the degree of economic and technological loss calculated by the conclusive evidence they have;

2) If you do not have the ability to implement it, or if you are able to do it yourself, but still want others to implement it for a fee, you can make up the license contract through legal procedures to convert the infringement into a license implementation agreement

4 Specific steps that can be taken:

1) Directly negotiate with the infringement by yourself or the first person, and negotiate and resolve it without harming your own rights and interests;

2) If the agreement is not reached and it is really necessary, the patent administration authority may be requested to mediate;

3) If you are not satisfied with the decision of the patent administration authority, you may file a lawsuit with the court within a limited time limit

Patent right is the exclusive right of the patentee to use his invention and creation, and patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee.

Answer: (1) Exploitation of the patent without the permission of the patentee.

2) Counterfeit patents.

Legal analysis: 1. Implementing the patent acts of others without permission, and for the purpose of production and operation; 2. Counterfeiting other people's patents, including using others' patent numbers and patented technologies without permission, forging patent certificates, etc.; 3. The infringer needs to bear the corresponding civil tort liability for the act of passing off a non-patented product as a patented product. If the perpetrator commits one of these acts, he must bear the corresponding legal responsibility, including civil liability, administrative liability, and criminal liability.

Article 11 of the Patent Law of the People's Republic of China After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and operation. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

1) Manufacturing, using, offering to sell, sell and import patented products or using patented processes for the purpose of production and business operation without the permission of the patentee, as well as using, offering to sell, sell and import products directly obtained in accordance with the patented process;

2) Counterfeiting and passing off patents. That is, against the will of the patentee, for the purpose of deceiving others to obtain high profits, through advertising or other methods, falsely claiming that one's non-patented products are products manufactured using patented technology.

Article 59 of the Patent Law of the People's Republic of China, in accordance with Article 53(1) and Article 56 of this Law, an entity or individual applying for a compulsory license shall provide evidence to prove that it has requested the patentee to license it to exploit the patent on reasonable terms, but has failed to obtain the license within a reasonable time.

Patent infringement is:

1.Manufacture of patented products without permission;

2.Intentional use of an invention or utility model patented product;

3.Selling or offering to sell unlicensed patented products;

4.The act of using a patented process or using, selling, or offering to sell a product directly obtained under the patented process;

5.The act of importing a patented product or a product directly obtained by a patented process;

6.counterfeiting the patents of others;

7.Passing off patents.

Because patents have high practical value, they are often infringed. Under normal circumstances, there are usually three types of patent infringement: production rights, business rights and indirect rights. 1. The right to produce includes two aspects, one is to produce and manufacture other people's patented products; The second is to use other people's patented technology to directly or indirectly produce and make profits, which is called the right to production.

The use of the method, as long as it is used for production and operation, constitutes infringement, and the design and manufacture of a patented product of another person and then for its own use for the purpose of production and operation, this manufacturing and use behavior also constitutes the right of production. A design patent does not have the right to use, but only the right to produce the act of manufacturing. 2. The right to operate actually refers to the infringement constituted by the sale of infringing products.

Sales infringement shall be the manufacture and sale of a product knowing that it infringes the patent rights of others. Such knowledge should be based on direct knowledge and not on the premise of ought to know. For example, the receipt of a notice or warning from the patentee shall be regarded as direct knowledge, and the publication in the Patent Gazette or the publication of a statement in a newspaper shall not be a condition of knowledge in principle.

It is better to notify the seller of the infringing product directly through the notary public, the industrial and commercial department, and the patent management department, such evidence is more reliable, and ordinary letters are often not enough to prove that the patentee has relieved the difficulties and warned the seller. 3. The indirect right is premised on the establishment of direct infringement, and if the direct infringement is not established, the indirect right cannot exist. The establishment of indirect ** rights often has some degree of common intent or knowing, and indirect ** rights usually have the following three manifestations:

1) Knowing that a major part produced by oneself is specially manufactured for a patent-infringer and is not universal, this may constitute an indirect right. (2) If a complete set of production accessories is provided to be assembled into a product by others, and these complete sets of production accessories are sold as a set, and their assembly together will inevitably constitute an infringement of the patent of others, it shall be regarded as an indirect right, but if the production is a general part, after others buy it, other accessories need to be added to be combined into a product, except for common intent, it generally does not constitute an indirect right. (3) Indirect infringement by transfer of a certain technology to another person for production, or even licensing a certain patent to another person for production or use.

1. The actor exploits the patent without the permission of the patentee. That is, manufacturing, using, offering to sell, selling, or importing its patented products for the purpose of production and operation;

2. The perpetrator deliberately provides convenience or assistance to the aforesaid infringement;

3. Other acts that are patent infringement.

[Legal basis].Article 11 of the Patent Law of the People's Republic of China.

After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual of Qisong may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and business.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it is not allowed to manufacture, sell, sell or import its design patent products for the purpose of production and operation.