How can I tell if my patent has been infringed?

A patent is an invention-creation protected by legal norms, which refers to the exclusive right to enjoy to the patent applicant within a specified period of time after an invention-creation is applied for a patent application to the state examination and approval authority, and after passing the examination in accordance with the law.

A patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use another person's patented technology, it must obtain the consent or permission of the patentee in accordance with the law.

The patent right granted by a country in accordance with its patent law is only valid within the jurisdiction of the law of that country, and has no binding force on other countries, and foreign countries do not bear the obligation to protect their patent rights.

The term of legal protection of patent rights in China is 20 years, and the term of utility model patent and design patent is 10 years, both of which are calculated from the filing date.

To determine whether a patent is infringing, it is necessary to compare whether the technical features of the other party's product fully cover the technical features in the independent claims of the patent, and if the necessary technical features constitute comprehensive coverage, it can be determined that infringement is constituted.

1. The patent itself is novel and inventive.

To determine whether a patent is infringing, it is necessary to compare whether the technical features of the other party's product fully cover the technical features in the independent claims of the patent, and if the necessary technical features constitute comprehensive coverage, it can be determined that infringement is constituted.

2. Whether the product or technical solution involved in the case falls within the scope of protection requested in the claims of the patent.

It is necessary to divide the technical features of the patent claims and the alleged infringing technical solution, and then compare the characteristics of the corresponding technical features, and then determine whether the alleged infringing technical solution constitutes the same infringement of the patent claims.

3. Manufacturing, using, or promising to sell the products involved in the case for the purpose of production and business operation without the permission of the patentee.

Article 11 of the Patent Law stipulates that: "Patent rights for inventions and utility models.

After being granted, except as otherwise provided in this Law, no unit or individual Hongdan person may exploit its patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import products directly obtained in accordance with the patented process. Therefore, in accordance with the provisions of the current patent law, the sale of patented products for the purpose of production and business is made.

It is also prohibited by law.

1. The implementation involves a valid Chinese patent; 2. The implementation of the act must be without the permission or authorization of the patentee; 3. The implementation must be for the purpose of production and operation. The substantive elements that constitute patent infringement, that is, the technical conditions, and whether the substantive act falls within the scope of protection of the patent. If the technical features involved by the actor fall within the scope of protection of the patent right, then the actor constitutes patent infringement.

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 for production or business purposes, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer to sell, sell, or import its patented design products for production and business purposes. Article 60 Whoever, without the permission of the patentee, exploits the patent of the patentee, that is, infringes upon the patent right and causes a dispute, the parties concerned shall settle the dispute through consultation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter.

If the department in charge of patent affairs determines that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition. If the infringer does not file a lawsuit and does not stop the infringement after the expiration of the time limit, the department in charge of patent work may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China. Article 61 Where a patent infringement dispute involves an invention patent for a manufacturing method of a new product, the unit or individual that manufactures the same product shall provide proof that the manufacturing method of its product is different from that of the patented process.

If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department in charge of patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administration department after searching, analyzing and evaluating the relevant utility model or design, as evidence for the trial and handling of the patent infringement dispute.

In this way, to determine whether a patent is infringing: 1. Determine the corresponding technical characteristics of the allegedly infringing product. That is to say, according to the necessary technical features recorded in the claims, the technical features of the alleged infringing product are decomposed accordingly.

Legal basis. Article 11 of the Patent Law of the People's Republic of China After a patent right for invention or 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.

In this way, determine whether a patent is infringing:

1. Determine the corresponding technical characteristics of the alleged infringing product. That is, according to the necessary technical features recorded in the claims, the technical features of the allegedly infringing product are decomposed accordingly.

2. Determine the scope of protection of the patent right.

How to determine whether there is patent infringement.

1. Formal Requirements: (1) The act of exploitation involves or is a valid Chinese patent; (2) the act must be carried out without the permission or authorization of the patentee; 3. The implementation must be for the purpose of production and operation. 2. The substantive elements constitute the substantive elements of patent infringement, that is, the technical conditions, and whether the substantive implementation is an act.