The design is not allowed to be manufactured, promised for sale, sold or imported. The acts of counterfeiting patents include marking patent marks on unpatented products, selling such products, forging patent certificates and producing products that are enough to confuse the public.
Steps to determine whether a patent constitutes infringement:
(1) Determine the protection scope of the patent right;
(2) Determine the corresponding technical characteristics of the accused infringing products;
(3) Compare the necessary technical features recorded in the decomposed claim with the features of the accused infringing product one by one to determine whether there is infringement.
Patent infringement appraisal process:
1. Application for appraisal: The first step in the patent infringement appraisal process is to apply. It can be put forward by the patentee or the accused infringer, and finally decided by the court according to the circumstances of the case. Second, determine the appraisal project: whether it is the comparison of the overall technical scheme or the comparison of a certain technical feature. This is also the most important and critical part of patent technology appraisal. Three. Selection of authentication institutions: the parties can decide through consultation. If negotiation fails, the judicial authentication institution of the people's court shall randomly select the designated appraiser (institution) from the personnel who meet the appraisal conditions and are included in the roster of appraisers (institutions). Four. Selection of appraisers: after accepting the entrustment, the appraisal institution shall provide a list of appraisers to the designated people's court for both parties to choose, so as to facilitate the parties to exercise their right to apply for withdrawal of appraisers. The appraisal institution shall form an expert group among the appraisers who have no objection from both parties. If there are circumstances in which the appraiser should withdraw, or all the appraisers provided by the appraisal institution are applied for withdrawal by the parties, the appraisal institution may appeal to the entrusted people's court, and the people's court shall make a ruling on whether the reasons for withdrawal are established, and finally determine the appraiser or re-select the appraisal institution. V. Appraisal cycle: General appraisal is completed within 30 working days, and difficult appraisal is completed within 60 working days. In case of legal circumstances, the evaluation can be suspended or terminated.
Legal basis: Intellectual Property Law of the People's Republic of China
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law.