In our daily life, we often hear the word patent. Some people can get some economic income after applying for a patent successfully. Then some people may wonder, can patents be purchased? Next, I will give you further answers about the details of whether the patent purchase is legal!
First, is the patent purchase legal?
Patent is an intangible asset and a property right. The use of patented technology must be purchased from the patentee, otherwise unauthorized use of patented technology is an infringement.
Buying a patent from the Ministry of Information can only buy information about this patent. They have no right to sell other people's patents, only information. The function of buying information is to let you know the contents of patents, inventors and so on. Can only be used to see, not to use, otherwise it will be considered infringement.
After purchasing the information, first search the legal status of the patent on the website of China National Intellectual Property Administration. If it is an invalid patent, it can be used for free; If it is a valid patent, directly contact the patentee to purchase the patent or the right to use it, sign a patent license contract, and then it can be legally used.
Second, what are the types of patent infringement?
(1) the act of manufacturing patented products without permission;
(2) Intentionally using the patented product of invention or utility model;
(3) Selling or promising to sell patented products without permission;
(four) the use of patented methods and the use, sale and promise to sell products directly obtained by patented methods;
(5) the act of importing patented products or products directly obtained according to patented methods;
(six) the act of counterfeiting the patent of others;
(seven) the act of impersonating a patent.
3. What are the classifications of patent infringement?
Patent infringement can be divided into direct infringement and indirect infringement.
Direct infringement. This refers to the act of infringing others' patent rights directly implemented by the actor. Its manifestations include: the act of manufacturing patented products of inventions, utility models and designs; The act of using patented products of inventions and utility models; The act of promising to sell patented products of inventions and utility models; The act of selling patented products of inventions, utility models or designs; The act of importing patented products of inventions, utility models and designs;
Use patented methods and use, promise to sell, sell or import products directly obtained according to patented methods;
Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. Indirect infringement usually creates conditions for direct infringement, and the common manifestations are: the actor sells parts of patented products, molds specially used for implementing patented products or machinery and equipment used for implementing patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee.
What we need to know is that all patents must be purchased in accordance with state regulations and must go through formal channels.