Patent law issues. How to understand Article 70 of the Patent Law? What do you mean by legal source? Can you give an example? Under what circumstances is there no infringement, and what is the situati

Patent law issues. How to understand Article 70 of the Patent Law? What do you mean by legal source? Can you give an example? Under what circumstances is there no infringement, and what is the situation? According to Article 70 of the Patent Law, anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that the product was manufactured or sold without the permission of the patentee shall not be liable for compensation.

Interpretation of this article is about the provision that non-malicious patent infringement shall not be liable for compensation.

It is an infringement to use, promise to sell or sell an infringing patented product that is not known to be manufactured and sold without the permission of the patentee, and can prove the legal source of the product, but considering this,

This kind of behavior belongs to non-malicious behavior, so it is stipulated that it will not bear "liability for compensation". According to this article, the infringer who is not liable for compensation should be able to prove: First, I really don't know that I used, promised or sold it.

The products sold are patent infringement products; Second, the product has a legal source. It should be noted that the situation stipulated in this article still belongs to patent infringement, and it is legally exempted from liability for compensation only because of its good faith behavior. At this time, the infringer should immediately stop the infringement, otherwise it constitutes intentional infringement and should bear the responsibility of infringing others' patent rights according to law.