1, 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;
4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained by patented methods.
Second, the types of patent infringement
Patent infringement can be divided into direct infringement and indirect infringement according to whether the infringement is caused by the actor's own behavior.
1, direct infringement
(1) Infringe the patent right without the permission of the patentee.
The meaning of "implementation" here is different from that of different patents. Patents for inventions and utility models refer to manufacturing, using, promising to sell, selling and importing for the purpose of production and operation. For method patent, it refers to the use of its patented method and the use, promise of sale, sale and import of products directly obtained by the patented method. This column is not applicable to products not directly obtained by the patented method. For design patents, exploitation refers to the manufacture, sale and import of patented products for production and operation purposes. This "product" only refers to the product specified when applying for design.
(2) Fake patents
Counterfeiting patent refers to the act of indicating the patent mark or patent number of the patentee on non-patented technical products or advertisements, which makes the public mistakenly think that it is someone else's patented product.
2. Indirect infringement
Patent infringement stipulated in China's patent law is direct patent infringement. In addition, there is an indirect patent infringement, referred to as "indirect infringement".
Indirect infringement refers to the behavior that the actor actively induces or encourages others to carry out direct patent infringement. Specifically, the behavior of the actor itself may not constitute an infringement of the patent right of others, but its behavior induces or urges others to directly infringe the patent right. If the actor's behavior itself is a direct infringement of others' patent rights, whether it is to induce, encourage or urge a third party to commit patent infringement, the actor is a direct patent infringement.
Third, the legal basis of patent infringement
patent law
Article 60
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties 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).
According to the law, we can know that patent infringement includes the act of manufacturing patented products without permission, the act of intentionally using patented products of inventions or utility models, and the act of selling or promising to sell patented products without permission. The above is the knowledge about the types of patent infringement that Zhaofa brought to you. If you don't know anything or have other questions, you can consult Zhaofa's lawyer.