1. What is patent infringement?
Patent infringement refers to the illegal act of implementing a valid patent within the scope of patent protection without the permission of the patentee and without legal defense or exemption.
Second, the types of infringement
According to whether the actor directly infringes the patent right of others and the form that the accused infringing product or method falls into the scope of protection, theoretically, patent infringement can be divided into the following categories:
1, direct infringement and indirect infringement
(1) Direct infringement. Direct infringement refers to the behavior that the actor directly infringes the patent right of others by manufacturing, using or selling protected patented products.
(2) Indirect infringement. Indirect infringement means that the actor instigates, induces or helps others to commit direct infringement, although he does not directly infringe others' patent rights.
2, the same infringement and equivalent infringement
(1) also infringes. The same infringement is also called literal infringement. As the name implies, it refers to the infringement that the technical scheme of the product or method accused of infringement directly falls within the text description of the protected patent claim.
(2) it is equivalent to infringement. Equivalent infringement refers to the technical scheme of the product or method accused of infringement, although it does not directly fall within the scope of the written description of the claim, but it is not essentially different from the technical scheme of the claim, and accordingly it is recognized as the infringement that actually falls within the scope of protection.
Three, the elements of patent infringement
1, valid patent right;
2. There is legal infringement;
3. The technical scheme implemented by the actor belongs to the scope of patent protection;
4, for the purpose of production and operation.
Legal basis:
After the patent right of invention and utility model in Article 11 of the Patent Law of People's Republic of China (PRC) has been granted, unless 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 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 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.