Patent infringement disputes mainly include the following types.
1. Infringe the patent right without the permission of the patentee.
The "implementation" mentioned here has different meanings for different patents. In general, the illegal implementation of other people's patents is relatively hidden, sometimes it is a makeover, and the original patents are changed immaterially, which seems different, but there is no new content; Sometimes it is only partial infringement. The infringer's product may be more advanced and better than the original patented technology, but it does use someone else's patent, no matter how much it is used, it constitutes infringement. Where a patent right is infringed, the patentee or interested party may request the administrative department for patent affairs to handle it, or directly bring a suit in a people's court. The limitation of action is 2 years, counting from the date when the patentee or interested party knows or should know about the infringement.
2. Patent infringement by counterfeiting others
Counterfeiting others' patents refers to the act of indicating the patent mark and patent number of the patentee on non-patented technical products or in advertisements, which makes the public mistakenly think that it is someone else's patented products. Fake patents are objective and effective patents, so this behavior directly harms the interests of patentees, deceives consumers and disrupts the order of patent management. It is more serious than the first kind of patent infringement.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Article 63 If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).