How to calculate infringement after applying for a patent?
The illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee constitutes patent infringement. Patent infringement can be divided into direct infringement and indirect infringement. First, direct infringement 1, the actor directly uses the invention of the patentee and the design of the patented product; 2. The actor directly uses the product or invention of the patentee; 3. The actor directly sells the patentee's invention and the design of the patented product; 4. The actor directly imports the invention of the patentee and the design of the patented product; This actor imitates others' patents. The second is indirect infringement, which does not directly constitute infringement. The actor induces others to help him infringe the rights of the patentee through his own behavior. Indirect infringement usually creates conditions for direct infringement, and the common manifestations are: the actor sells parts of patented products, molds specially used for implementing patented products or machinery and equipment used for implementing patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee. Article 11 of the Patent Law of People's Republic of China (PRC) stipulates that 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 products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes. Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent.