Patent infringement refers to acts that violate the provisions of the Patent Law of People's Republic of China (PRC), mainly including patent infringement, counterfeiting other people's patents and impersonating patents.
Patent Infringement: According to Article 57 of the Patent Law, it is patent infringement to exploit a patent without the permission of the patentee. Specifically, invention and utility model refer to the act of manufacturing, using, selling, promising to sell, importing patented products or directly obtaining products according to patented methods for commercial purposes without the permission of the patentee; Design refers to the act of manufacturing, selling or importing its patented products for commercial purposes or directly obtaining products according to its patented methods.
Counterfeiting others' patents: According to Article 58 of the Patent Law and Article 84 of the Detailed Rules for the Implementation of the Patent Law, the following acts belong to counterfeiting others' patents:
(a) without permission, mark the patent number of others on the products or product packages manufactured or sold by it;
(two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others;
(3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others;
(4) Forging or altering other people's patent certificates, patent documents or patent application documents.
According to Article 59 of the Patent Law and Article 85 of the Detailed Rules for the Implementation of the Patent Law, the following acts belong to the acts of passing off non-patented products as patented products and passing off non-patented methods as patented methods:
(1) manufacturing or selling non-patented products marked with patent marks;
(two) after the patent right is declared invalid, the patent mark continues to be marked on the products manufactured or sold by it;
(3) Calling non-patented technology as patented technology in advertisements or other promotional materials;
(four) in the contract, the non-patented technology is called patented technology;
(5) Forging or altering patent certificates, patent documents or patent application documents.