Appearance patent infringement refers to the behavior of actors (including units or individuals) implementing their patents without the permission of the patentee. For example, manufacturing, offering for sale, selling, and importing its patented design products for production and business purposes.
Legal Basis
Article 11 of the Patent Law of the People's Republic of China that took effect on June 1, 2021
Inventions and Utility Models After the patent right is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, the patent may not be manufactured, used, offered for sale, sold, or imported for production and business purposes. Products, or using its patented method and using, offering for sale, selling, or importing products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, offered for sale, sold, or imported for production and business purposes. product.