How to avoid patent disputes

There are several points to avoid patent disputes: first, before using other people's patents, it is necessary to obtain the permission of the right holder and pay him the remuneration for using them; Second, don't pretend to be someone else's patent, or you will have to bear civil, administrative and criminal responsibilities; Third, the patent infringing intellectual property rights manufactured and sold without the permission of the obligee shall not be used, promised to be sold or sold for production and business purposes.

legal ground

Article 65 of the Patent Law

If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.

Article 68

In case of counterfeiting patents, in addition to bearing civil liability according to law, the department responsible for patent law enforcement shall order it to make corrections and make an announcement, confiscate the illegal income and may impose a fine of less than five times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 77

Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.