The scope of patent infringement is wider. Counterfeiting patent is a kind of patent infringement, which also includes manufacturing, using, promising to sell, selling and importing patented products for production and business purposes.
Counterfeiting others' patents and patent infringement are both illegal acts, but there are differences between them, which are manifested in two aspects:
1, patent infringement refers to the patentee's permission to exploit his patent, and the key lies in the infringer's implementation of the patentee's patent.
Counterfeiting other people's patents mainly refers to the use of other people's patent marks or patent numbers, and does not involve the patentee's patent.
2. If the patent infringement infringes the legitimate civil rights and interests of the patentee, the actor shall bear civil liability. The patent administrative organ may, at the request of the parties concerned, mediate the amount of compensation for patent infringement. If mediation fails, the parties may bring a civil lawsuit to the people's court. Of course, the parties can also bring a lawsuit directly to the people's court. Patent infringement disputes are mainly resolved through civil channels. Only when the patent administrative organ finds that the infringement is established can it make an administrative decision to order the infringer to stop the infringement.
On the one hand, the act of counterfeiting the patent of others directly affects the reputation of the counterfeited patentee and damages the interests of the patentee, which is a civil tort and the actor should bear civil liability. If the circumstances of counterfeiting others' patents are serious, they may also be suspected of counterfeiting patents and be investigated for criminal responsibility.
1. What is patent infringement?
Patent right is the exclusive right of the patentee to use his invention and creation, and patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee.
Patent infringement has the following characteristics:
1, the object of infringement is a valid patent. Patent infringement must be based on the existence of valid patents. After the publication of the application for a patent for invention, the patentee shall request the administrative department for patent affairs for mediation after the patent right is granted, or directly bring a suit in a people's court.
2, there must be infringement, that is, the actor objectively implemented the act of infringing others' patents. And for the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement.
3, in violation of the law, that is, the behavior of the actor to implement the patent without the permission of the patentee, and there is no legal basis.
Second, what are the types of patent infringement?
Patent infringement refers to the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee.
The main types of patent infringement:
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;
6. The act of counterfeiting others' patents;
7. The act of counterfeiting patents.
Patent infringement is an illegal act, which is very different from fraudulent acts of counterfeiting patents. The ways and objects of infringement are very different, so the penalties for patent infringement and counterfeiting are also different. For those acts that seriously infringe on patent rights, once they constitute the crime of counterfeiting patents, they need to bear criminal responsibility.
legal ground
Article 68 of the Patent Law of People's Republic of China (PRC) * * * Whoever counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order it to make corrections and make a public announcement, confiscate its illegal income, and may concurrently impose a fine of less than five times its illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.