Patent infringement means that during the validity period of a patent, the actor uses the patent without the permission of the patentee to obtain illegitimate interests for himself.
The realization method of direct infringement is as follows:
1. The actor directly uses the patentee's invention or the design of the patented product;
2. The actor directly uses the product or invention of the patentee;
3. The actor directly sells the patentee's invention and the design of the patented product;
4. The actor directly imports the invention of the patentee and the design of the patented product;
5. The actor directly sells the patented products to the outside world for the purpose of his own production and operation without the permission of the patentee, and obtains a lot of illegal benefits. Even if the actor can provide the source of the product, this behavior is still an infringement and needs to be stopped immediately.
legal ground
Article 66 of the Patent Law of People's Republic of China (PRC) Where a patent infringement dispute involves a new product manufacturing method invention patent, the entity or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.