What are the risks of patent use?
In the process of patent implementation, the patentee and the licensee are involved, and the patentee may have risks in terms of license period, license object, license mode, license area, license fee and patent abuse contract. If the licensee is in the process of patent implementation, there may be risks such as the stability of patent right, the possibility of patent technology realization, the substitutability of patent technology, the length of time for the licensee to digest patent technology, and the length of patent technology development cycle.
Legal Risk of Patent Infringement
The risk of patent infringement is one of the serious patent legal risks. According to the provisions of the patent law, the elements of patent infringement are: first, there is a valid patent that has been infringed; Second, without the permission of the patentee; Third, the infringement is aimed at production and operation; Fourth, the behavior does not belong to the circumstances otherwise stipulated by law. The following are several common patent infringements in practice:
(1) The act of manufacturing other people's patented products. The patent law absolutely protects the manufacturing behavior of patented products. Whether the manufacturer subjectively knows that the patented product belongs to others or not, as long as the patented product is objectively manufactured, it constitutes patent infringement.
(two) the use of patent infringement products. Users subjectively don't know that the products they use are infringing products, and they are not liable for tort compensation. It is worth noting that this behavior only applies to invention patents and utility model patents. In any case, the use of design patents to infringe products does not constitute infringement;
(3) the act of selling patent infringing products. The seller is not subjectively aware that the product is an infringing product and sells it, and shall not be liable for tort compensation;
(4) the act of importing patented products of others. This is to protect the right to import patents. Because the patent right is regional, the patented product produced outside the field of patent acquisition does not constitute patent infringement, but the product can only be imported into the patent protection zone with the consent of the patentee, and others' unauthorized import constitutes infringement;
(five) the use of other people's patented methods. The scope of protection and use of the patented method is determined by the claims. A method may have multiple uses, and may even have cross-technology applications. If a third person applies the patented method to other fields, and it is not a similar technical field, and this cross-field use is not recorded in the patentee's claim, and the technical effect achieved is not recorded in the patent specification, then the use of the method by a third person does not constitute infringement.
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