If you apply for a patent, it depends. See below for details:
The specific forms of patent infringement can be divided into two categories according to the patent law:
(1) the act of exploiting another person's patent
This kind of patent infringement must meet two conditions: (1) without the permission of the obligee; (two) for the purpose of production and operation. According to Article 1 1 of the Patent Law, it has the following three specific forms:
1, manufacturing, using, promising to sell, selling or importing other people's patented invention products or patented utility model products;
2. Use other people's patented invention methods and use, promise to sell, sell or import products directly obtained by this method;
3. Manufacturing, selling or importing patented products of other people's designs.
(two) the act of counterfeiting other people's patents
This kind of patent infringement refers to the infringement of the trademark right of the patentee. According to Article 84 of the Detailed Rules for Implementation, there are the following four forms:
1. Without permission, mark the patent number of others on the products or product packages it manufactures and sells;
2. Using other people's patent numbers in advertisements or other promotional materials without permission, causing people to mistake the technology involved for other people's patented technology;
3, without permission, using the patent number of others in the contract, making people mistake the technology involved in the contract for the patented technology of others;
4. Forging or altering other people's patent certificates, patent documents or patent application documents.
In addition, Article 59 of the Patent Law also stipulates another illegal act, that is, "passing off non-patented products as patented products and passing off non-patented methods as patented methods". This behavior is not a manifestation of patent infringement, so it does not belong to patent infringement, does not bear the responsibility of patent infringement, but only bears the general civil tort liability, and will be punished by the department in charge of patent work.
In addition to the legal provisions, there are two other kinds of infringement in theory and practice: one is "negligent counterfeiting", that is, the actor deliberately pretends to be a patent and randomly fabricates a patent number, which is exactly the same as the patent number obtained by someone. At this point, even if there is no intention of counterfeiting, the result of its behavior still constitutes counterfeiting others' patents; The other is "reverse counterfeiting", that is, the actor sells the patented products legally obtained by others with his own patent number. This kind of behavior is obviously not enough to constitute "counterfeiting other people's patents", but it actually infringes on the marking right of the legitimate patentee, which is still an infringement and should bear civil liability for the infringed.