It is not allowed to manufacture, sell or import its patented product for production and operation purposes.
Legal basis:
According to Article 11 of the Patent Law:
After the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import it.
after the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, sell or import its patented product for production and business purposes.
Extended information:
Infringement judgment
The subject of comparison
The patented product of design is a commodity with more daily life than the patented product of invention and utility model. Ordinary consumers often overlook some subtle differences similar to products, while professionals can easily distinguish them.
when judging whether the accused infringing product is the same or similar to the patented product of design, it is obviously unfair to the obligee from the perspective of professionals. Therefore, judging the infringement of design patent should be based on the aesthetic observation ability of ordinary consumers, not on the aesthetic observation ability of professional and technical personnel in the field of design patent.
for products with the same or similar categories, if ordinary consumers pay general attention to avoid confusion, it does not constitute infringement; if ordinary consumers still pay general attention to avoid confusion, it constitutes infringement.
The ordinary consumers mentioned above refer to those who buy and use the patented product of design. Under normal circumstances, the meaning of "consumer" in the law on the protection of consumers' rights and interests is the same.
However, for unusual consumer goods, such as building materials, machine parts, power tools, etc., ordinary consumers are not their buyers, and they do not have general knowledge and cognitive ability of such goods, so the subjects who can make the same or similar comparisons should be the specific consumer groups of such goods, that is, the people who sell, buy, install and use such products.
Taking ordinary consumers as the subject of infringement judgment does not require the people's courts to pursue the opinions of real consumers when trying disputes over patent infringement of designs, but requires the judges to put their positions on the level of ordinary consumers when judging, and to know and perceive the similarities and differences of the objects compared.
Methods of comparison
Generally, the following methods are used to judge whether designs are the same or similar:
1. Visual observation.
to judge whether the accused infringing product is the same as or similar to the patented product of design, we should judge whether the ordinary consumer will be confused when observing it with the naked eye. For the part that cannot be observed visually, we can't analyze and compare it with instruments or chemical means. Observation should be based on the similarities and differences of the easily visible parts of the product.
2, isolated observation, direct comparison.
When making a specific judgment, the patented product of design and the accused infringing product should be placed separately, and there should be a certain interval in time and space when observing. This method of isolated observation can make the judges have an intuitive feeling of the two products, that is, the first impression.
Secondly, the two products are put together, and the appearance design of the two products is directly compared and analyzed by the judges, so as to describe the similarities and differences between them, upgrade perceptual knowledge to rational knowledge, and finally draw a conclusion whether they are the same or similar.
3. Overall observation and comprehensive judgment.
to judge whether the design of the accused infringing product is the same as or similar to the patented design, we should not only start from the part of the design, or separate the various parts of the design, but also start from the whole, observe all its elements as a whole, and make a comprehensive judgment on the main components and innovations of the design of the two products on the basis of the overall observation.
Baidu Encyclopedia-Patent Law of the People's Republic of China