According to Article 11 of the Patent Law of People's Republic of China (PRC)
After the patent right for invention and utility model is granted, no unit or individual may exploit the patent without the permission of the patentee, except as otherwise provided in this Law.
That is, it is forbidden to 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 patented methods.
After the design patent right is granted, any unit or individual, without the permission of the patentee,
Do not exploit its patent, that is, do not manufacture, promise to sell, sell or import its patented products for production and business purposes.
Extended data:
Patent infringement cases:
According to the ruling published on the refereeing document network 65438+1October 30th, He and Lai Bin believe that Beijing Science and Technology Co., Ltd. (hereinafter referred to as Science and Technology), Guangdong Pacific Internet Information Service Co., Ltd. (hereinafter referred to as Guangdong Pacific) and Didi Chuxing Technology Co., Ltd. (hereinafter referred to as Didi Chuxing) have infringed their invention patents.
The related patent name is "Car Sharing Service System and Method Based on Mobile Terminal". The reporter checked the website of China National Intellectual Property Administration and found that the rights holders of the patent were Cen Yuxi, He and Lai Binhe, and the application date was August 29, 2008.
He, Lai Bin, and his agent believe that Xiao Ju Technology is the developer of Didi Chuxing APP products, that is, the manufacturer; The organizer of the Pacific Network for downloading Didi Chuxing APP products is Guangdong Pacific, and its behavior of releasing Didi Chuxing APP products constitutes sales; The operating organization of the "Didi Chuxing" APP product is Didi Chuxing. Therefore, the actions of the three defendants all constitute infringement.
According to the ruling, Xiao Ju Science and Technology raised an objection to the jurisdiction during the submission of the defense, arguing that Guangdong Pacific was not a qualified defendant. It only provided the free download of Didi Chuxing APP on the Internet, and did not implement the patent method involved. There is no direct or indirect infringement and should not be listed as the defendant in this case.
It should not be under the jurisdiction of Guangzhou Intellectual Property Court. The place of infringement in this case is not in Guangdong. The infringing place of the patent involved should be the place where the patent method involved is completely implemented, but objectively there is no subject or behavior that completely implements the patent method involved. According to the infringement, this case should not be under the jurisdiction of Guangzhou Intellectual Property Court. Therefore, it is requested to transfer the case to Beijing Intellectual Property Court, the court where the defendant has his domicile.
According to the ruling, the Guangzhou Intellectual Property Court held that it was not improper for the plaintiff to list the defendant Guangdong Pacific as the defendant in this case, because the defendant Guangdong Pacific provided the Didi Chuxing APP product accused of infringement on its online platform. As the defendant Guangdong Pacific Company is registered in Guangzhou,
Within the jurisdiction, the plaintiff chose to bring a lawsuit to Guangzhou Intellectual Property Court, so according to the above provisions, the court has jurisdiction over this case. Defendant Xiao Ju Science and Technology advocated that the case be transferred to Beijing Intellectual Property Court for trial, but Guangzhou Intellectual Property Court refused to support it.
Therefore, Guangzhou Intellectual Property Court rejected the jurisdictional objection of Xiao Ju Science and Technology.
At present, the reporter has not yet obtained other news about Didi's alleged patent infringement case.
According to the introduction of Didi Chuxing in official website, Xiao Ju Science and Technology was established in Beijing on 20 12, and Didi Taxi APP was launched. In September of 20 15, the APP was renamed Didi Chuxing, and in October of 20 1 15, the online express carpooling service was launched.
According to public information, Didi Chuxing has been sued for patent infringement many times since 20 16. The Beijing News1October 9 reported that 65438 mobike had filed four patent infringement lawsuits with Suzhou Intermediate People's Court, demanding that the defendants Xiao Ju Technology and Hangzhou Qingqi Technology Co., Ltd. (Qingqi Bicycle) be ordered to stop the infringement.
This case involves the patent infringement of mobike smart lock by the green orange bicycle launched by Didi Chuxing on June 20 18. According to the judgment document published on February 3, 20 16, Easy Car sued Xiao Ju Science and Technology and Beijing Didi Unlimited Technology Development Co., Ltd. for infringement of invention patents. The case ended in Che Yi's withdrawal.
The Beijing News-Details of the patent infringement case of Didi Chuxing Carpooling: The request to return to Beijing for trial was rejected.