Patent law invention patent case

First, C illegally sells. According to Article 11 of the Patent Law, after the patent right for invention and utility model is 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.

Second, whether Party C can provide evidence (such as purchase invoices, etc.). ) said that he did not know and legally obtained the product, and he could cooperate with the investigation of the source, and he would be exempted from compensation. According to Article 70, anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that the product was manufactured or sold without the permission of the patentee shall not be liable for compensation.