How to Identify Invention Patent Infringement

Legal analysis: 1. Determine the corresponding technical characteristics of the alleged infringing products (including methods, the same below). That is, according to the necessary technical characteristics recorded in the claim, the technical characteristics of the accused infringing product are decomposed accordingly.

Second, determine the scope of protection of patent rights. That is, first of all, it is necessary to clarify what the patentee requests to protect.

Legal basis: Intellectual Property Law of the People's Republic of China

Article 214 Whoever sells goods that are knowingly counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Article 215 Whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

Article 216 Whoever counterfeits another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.