The main norms of patent protection are: first, determine the scope of patent protection, that is, the scope of patent effectiveness. Only by defining this aspect clearly can we effectively protect and judge whether there is infringement. According to the Patent Law, the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the claim may be explained by the specification and drawings; The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. According to these regulations, the scope of patent protection can be defined, that is, the object of patent protection is clear and can be protected fairly and effectively. Of course, when defining the scope of patent protection, we must follow some more specific principles and analyze some specific facts. It should be noted that the definition of the scope of patent protection is always associated with a tangible product, even the method patent is associated with a product. Second, it is clearly stipulated that in addition to bearing civil liability according to law, the department in charge of patent work shall order it to make corrections and make an announcement, confiscate the illegal income and may also impose a fine; If there is no illegal income, a fine may also be imposed; Those who violate the criminal law shall be investigated for criminal responsibility according to law. Third, if a non-patented product is passed off as a patented product and a non-patented method is passed off as a patented method, the administrative department for patent affairs shall order it to make corrections and make an announcement, and may also impose a fine. Although this behavior did not directly harm the interests of specific patentees, it did harm the patent system and patent management order and should be punished. Fourth, regarding the compensation for infringement of patent rights, the following provisions have been added in this revision of the patent law: the amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the infringer or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. So the amount of patent infringement compensation is stipulated in this way because patent infringement compensation is different from general civil compensation; The calculation of losses and gains is not easy, especially the infringer's attempt to cover up the facts, maliciously destroy and hide the evidence, which makes this calculation feasible in theory, but difficult to operate in practice. Therefore, it is more complicated to realize this method with reference to patent licensing fees. Fifth, temporary measures are added in the revision of the patent law to protect the legitimate rights and interests of patentees from irreparable damage. According to the Patent Law, if the patentee or interested party has evidence to prove that others are committing or about to commit acts infringing on his patent right, and his legitimate rights and interests will be irretrievably damaged if he fails to stop them in time, he may apply to the people's court for measures to order him to stop the relevant acts and preserve his property before bringing a lawsuit. The positive effect of this measure is to stop the infringement in time and effectively. Its characteristic is to apply to the court for adoption before prosecution, provided that there is evidence to prove that others are infringing or about to infringe. In practice, this temporary measure is needed to protect patent rights, which is also a common legal measure to stop patent infringement in the world. Sixth, depriving the inventor or designer of the right to apply for a patent for his non-service invention-creation and other rights and interests stipulated in the patent law is also an infringement, and the person responsible should be punished, and the handling of this situation should be regarded as a content of patent protection. Seventh, in the protection of patent rights, there are several situations that cannot be regarded as infringement of patent rights, and this boundary should be clearly distinguished. Cases that should not be regarded as patent infringement are: (1) The patentee manufactures or imports a patented product that has been manufactured or imported with the permission of the patentee, or uses, promises to sell or sells the product after the product directly obtained by the patented method is sold; Because this behavior does not infringe the legitimate rights and interests of the patentee, it is carried out in a legitimate interest relationship. (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; This behavior does not infringe the rights of the patentee, and it is not within the scope of patent protection if it is defined by the time standard of patent protection. (3) According to bilateral agreements or international treaties to which * * * is a party, or according to the principle of reciprocity, foreign means of transport in transit temporarily use the relevant patents in their devices and equipment for their own needs. (4) Patents are used exclusively for scientific research and experiments, and are not defined as infringement because they are not used for production and business purposes. When distinguishing whether it belongs to patent infringement, we should distinguish the uninformed third party and avoid generalizing. Therefore, the Patent Law stipulates that we shall not be liable for compensation if we use or sell patented products that are not known to be manufactured or sold without the permission of the patentee or products directly obtained according to the patented method for the purpose of production and operation. The original intention of this clause is not to deny patent infringement, but to exempt the uninformed third party from the liability for compensation after providing legal proof of purchase channels. This is because in real life, it is difficult to ask everyone to know clearly whether the products sold in the market contain the elements of patent infringement, so it is not appropriate to bear the liability for compensation, and those that should be exempted should be exempted.
Legal objectivity:
Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, 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).