What are the patent infringements and how to protect the patentee's patent right?
Infringement of patent right refers to exclusivity. Unless otherwise provided by law, no unit or individual may exploit its invention-creation patent without the consent of the patentee himself. However, in order to prevent the patentee from abusing his rights and safeguard the overall interests of the country and society, the patentee's rights are restricted. According to the provisions of the patent law, the patentee has the exclusive right to exploit his invention-creation, and other units or individuals have the right to exploit his invention-creation with the consent of the patentee. This is a principle. However, in order to maintain the technology market, promote the development of science and technology and protect the interests of the country, Article 62 of the Patent Law stipulates that the following acts shall not be regarded as infringement of patent rights: 1 After the patented product manufactured by the patentee or licensed by the patentee is sold, it is no longer necessary to obtain the patentee's permission to use or sell the product, which is an important restriction on the patent right and is called the "exhaustion principle of patent right". It should be pointed out that this principle only applies to patented products that are legally put into the market. The products legally put into the market include: first, the patented products put into the market by the patentee; Second, the patented products put into the market by the licensee; Third, the patented products that users put into the market for the first time; Fourth, patented products that are put into the market for the benefit of compulsory license; Fifth, the patented products that the state plans to permit the licensee to put into the market, and so on. If you use and sell a patented product that you know is illegally put into the market, it is a patent infringement. 2. Paragraph 3 of Article 62 of the Patent Law stipulates that the same product has been manufactured by the same method before the date of filing, or it has been manufactured, used or prepared, and continues to be manufactured and used only within the original scope, which is not regarded as infringement. This is the principle of preemptive strike. 3. Use or sell in good faith patented products that are manufactured or sold without the permission of the patentee. Paragraph 2 of Article 62 of China's Patent Law stipulates that the use or sale of products that are not known to be patented but are manufactured and sold without the permission of the patentee shall not be regarded as infringement. Because any distributor has no obligation to find out how a patented product enters the circulation field before using or selling it. This restriction on the patentee's rights is mainly for the convenience of people's production and life. 4. Use of patented products in the operation of foreign means of transport Article 62, paragraph 4, of China's Patent Law stipulates that if a foreign means of transport temporarily passes through China's territory, territorial sea and airspace, and according to the agreement signed with China or the international treaty to which it is a party, or according to the principle of reciprocity, it will not be regarded as infringement. This is also the restriction on the patentee stipulated in the Paris Convention for the Protection of Industrial Property. 5. Non-commercial use Article 62 of the Patent Law stipulates that the exclusive use of relevant patents for scientific research and experiments shall not be regarded as infringement, because it is not a commercial act. Using patents for non-commercial purposes is nothing more than developing science and technology, educating and cultivating talents, which is conducive to encouraging scientific research and experiments. It also includes the use of patents for educational purposes and personal or family purposes.