1, productive infringement includes two aspects, one is the production and manufacture of patented products of others; Second, the act of using other people's patented technology to directly or indirectly produce and make profits is called productive infringement. The use of the method, as long as it is used for production and operation, constitutes infringement. Designing and manufacturing patented products by oneself and then using them for production and business purposes also constitutes productive infringement. There is no infringement of design patent, only the productive infringement of manufacturing behavior.
2. Commercial infringement actually refers to the infringement caused by selling infringing products. Sales infringement should be the production and sale of products knowing that the patent rights of others are infringed. This kind of understanding should be based on direct understanding, not on knowing. For example, receiving a notice or warning from the patentee should be regarded as direct knowledge, and the announcement in the patent bulletin or the statement in the newspaper cannot be used as a prerequisite for knowing in principle. It is best to inform the sellers of infringing products directly through notary offices, industrial and commercial departments and patent management departments. Such evidence is reliable, and ordinary letters are often not enough to prove that the patentee warned the seller.
3. Indirect infringement is based on direct infringement. If direct infringement is not established, indirect infringement cannot exist. And the establishment of indirect infringement, often with a certain degree of * * * intentionally or knowingly, indirect infringement usually has the following three forms:
(1) Knowing that one of its main components is specially made for patent infringers, it is not universal and may constitute indirect infringement.
(2) provide complete sets of production accessories for others to assemble into products, and these complete sets of production accessories are sold in complete sets. If assembled together, it will inevitably infringe on the patents of others, which should be regarded as indirect infringement. However, if the product is a universal accessory, you need to add other accessories to combine it into a product. Unless it is intentional, it generally does not constitute indirect infringement.
(3) Indirect infringement transfer license, because a technology is transferred to others for production, or even a patent is licensed to others for production or use. The production or user constitutes infringement of the patent right of others, and the party that transfers the technology or licenses the patent may also constitute indirect infringement.