Time node problem of patent infringement judgment

Firstly, the issue of patent infringement is clarified. According to Article 11 of the Patent Law, after the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. After the patent right for design is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented products for production and business purposes. "It is clear that only inventions implemented between the date of authorization announcement and the date of termination of rights constitute patent infringement.

Since the invention patent is published first and then examined, Article 13 of the Patent Law clearly stipulates that "after the publication of the application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee", that is, the usual temporary protection measures. However, the behavior of the party who implements the patented technology during this period does not constitute patent infringement. For disputes arising from royalties during this period, according to Article 79 of the Detailed Rules for the Implementation of the Patent Law, the patentee may request the administrative department for patent affairs to mediate after the patent right is granted.

For utility model patents and designs, because they are published after authorization and kept confidential before authorization, the general public cannot know the patented technology, so there is no temporary protection measures.

Does it constitute patent infringement that "after the patent application date, but before the patent specification is published, others independently finished the manufacture of the same product, used the same method or made necessary preparations for manufacture and use"? Problem, if it is still implemented after the announcement of patent authorization, and the technical scheme implemented belongs to the scope of patent protection, it constitutes infringement.

The patent system is an "application system", that is, only when you apply for a patent and ask for protection can you be protected by the patent law, otherwise you will not be protected by the patent law. In addition, the patent system is still a "first-to-apply system", that is, whoever applies for the same technical scheme first will have the right, which also encourages people to apply for patents. For those who apply later, not only can they not get the patent right, but they must also get the permission of the right holder who has already obtained the patent right before they can implement the patented technology (generally speaking, it is best to solve this problem in a win-win way. )

The last question you asked is that if you continue to implement the patented technology without the right of first use after the patent authorization announcement date, you can pursue its legal responsibility, so there is no question of whether you can expand production, hehe.

The new version of the Patent Law and its implementing rules have just been issued, but due to the infringement problem you asked, the current infringement generally does not need new laws and rules. Therefore, the above laws and detailed rules are all recently revised versions. Specifically, the Patent Law was implemented in April of 1985+0.

The detailed rules for the implementation of the patent law cited are the version implemented in July 20001year.