What behaviors belong to patent infringement? How to protect rights when patents are infringed?

Patent infringement often occurs in daily operations, such as the patent dispute between Apple and Samsung for seven years, which has aroused strong concern in the industry. Multinational enterprises can't prevent the occurrence of patent infringement. In fact, many people are watching it, but patent infringement is really easy to happen, and it is necessary to understand patent infringement to avoid infringement. Patent infringement often occurs in daily operations, such as the patent dispute between Apple and Samsung for seven years, which has aroused strong concern in the industry. Multinational enterprises can't prevent the occurrence of patent infringement. In fact, many people are watching it, but patent infringement is really easy to happen, and it is necessary to understand patent infringement to avoid infringement.

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Patent infringement can be divided into direct infringement and indirect infringement.

Direct infringement. This refers to the act of infringing others' patent rights directly implemented by the actor. Its manifestations include: the act of manufacturing patented products of inventions, utility models and designs; The act of using patented products of inventions and utility models; The act of promising to sell patented products of inventions and utility models; The act of selling patented products of inventions, utility models or designs; The act of importing patented products of inventions, utility models and designs;

Use patented methods and use, promise to sell, sell or import products directly obtained according to patented methods;

Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. Indirect infringement usually creates conditions for direct infringement, and the common manifestations are: the actor sells parts of patented products, molds specially used for implementing patented products or machinery and equipment used for implementing patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee.

If a patent is infringed, you can warn others by filing a patent. There are two ways to deal with patent infringement. One is how the patentee infringes upon others, and the other is how the patentee is infringed upon by others. If someone infringes our patent, we can solve it through patent filing and negotiation. If the negotiation conditions cannot be met, the rights can be protected by legal means and the other party can be required to compensate the corresponding losses.

According to the analysis of patent experts, the specific methods of patent protection are as follows.

I. Evidence to be collected in handling patent infringement cases

The first thing to do in patent rights protection is to collect evidence of patent infringement and collect strong evidence. No matter how you defend your rights in the future, it will be beneficial to you.

Two. Consultation and reconciliation

The patentee and the accused infringer may reach a settlement agreement through self-negotiation or mediation or mediation by other third parties to resolve the dispute. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward.

Three. Administrative adjudication or coordination

When the facts and evidence of the infringer's infringement are fully conclusive, the patentee can report to the Patent Office and other relevant administrative departments, who will take administrative measures to investigate and verify the infringer's infringement and impose administrative penalties.

Fourth, bring a lawsuit to the court.

After the patentee finds that the infringer has infringed his patent right, he may also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding that the infringement be stopped and economic losses be compensated.

This paper introduces the behavior of patent infringement and the ways to protect rights. Knowing the content of infringement can better prevent infringement, and can also know the situation in time when one's patent is infringed, and collect evidence to legally protect rights.

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