What are the risks of patent infringement?

Legal analysis: There are two risks of patent infringement: 1. The patentee and the licensee are involved in the process of patent implementation, and the patentee may be at risk in terms of license term, license object, license mode, license area, license fee, contract patent abuse, etc. 2. The licensee may have risks such as the stability of the patent right, the possibility of realizing the patented technology, the substitutability of the patented technology, the length of time for the licensee to digest the patented technology, and the length of the patented technology development cycle.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 11 After the patent right for invention and utility model 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, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product 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.