Who is responsible for buying someone else's patent if something goes wrong?

Whether the buyer bears the patent infringement liability depends on whether the buyer knows that the product is an infringing product. Article 70 of the Patent Law of People's Republic of China (PRC) stipulates that 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.

What are the cases of patent infringement?

1, productive infringement

Productive infringement includes two aspects:

(1) is the production and manufacture of patented products of others;

(2) The direct or indirect use of other people's patented technology for production and profit is called productive infringement. The use of methods, as long as it is used for production and operation, constitutes infringement, while designing and manufacturing other people's patented products and then using them for production and operation purposes also constitutes productive infringement. There is no infringement of design patent, only the productive infringement of manufacturing behavior.

2. Commercial infringement

Commercial infringement refers to the infringement caused by the sale of infringing products. Sales infringement refers to the act of selling products that are known to infringe the patent rights of others. This kind of knowledge should be direct knowledge rather than should be known. For example, receiving a notice or warning from the patentee should be regarded as direct knowledge, and statements published in patent bulletins or newspapers cannot be used as a prerequisite for knowledge 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

Indirect infringement is based on direct infringement. If direct infringement is not established, indirect infringement cannot exist. And the establishment of indirect infringement, often have a certain degree of * * * intentionally or knowingly, usually in the following three forms:

(1) Knowing that the main parts produced by it are specially made for patent infringers may constitute indirect infringement.

(2) It is to provide complete sets of production accessories and assemble them into products by others. Assembling them together will inevitably constitute infringement of others' patents, which should be regarded as indirect infringement. However, if the product is a general-purpose accessory, other accessories need to be added and combined into a product after being purchased by others. Except intentional infringement, it generally does not constitute indirect infringement.

(3) it is an indirect infringement of the transfer license, because a technology is transferred to others, 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.

To sum up, patent infringement is the use of this product without the consent of the patentee, and this behavior is bound to bear its legal responsibility, and whether you need to bear the responsibility for buying this product depends on whether you know it or not. If you bear the infringement, you should also pay the corresponding price for your own fault.