1. How to judge patent infringement
1. Patent infringement can generally be judged through the following methods:
(1) Implementation of someone else’s patent;
(2) Without the permission or authorization of the patentee;
(3) For the purpose of production and operation;
(4) The situation does not meet the statutory exemption.
2. Legal basis: Article 11 of the "Patent Law of the People's Republic of China"
After the invention and utility model patent rights are granted, unless otherwise provided by this law Without the permission of the patentee, no unit or individual may exploit its patent, that is, it may not manufacture, use, offer for sale, sell or import its patented products for production and business purposes, or use its patented methods or use or offer to sell them. , sell and import 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.
2. What evidence does the party generally need to collect after patent infringement?
After patent infringement, the party generally needs to collect the following evidence:
1. Information about the infringer evidence. The exact name, address, nature of the business, registered capital, number of employees, business scope, etc. of the infringer are the first things the patentee should know;
2. Evidence of the fact of infringement. The prerequisite for patent infringement is that there must be infringement;
3. Evidence of damages. The patentee may demand damages from the infringer, and the amount of damages requested may be the losses suffered by the patentee. However, the patentee must provide evidence to prove the other party’s infringement.