Determination of Other Patent Infringements in the Guide to Determining Patent Infringement

(1) Patent infringement. Except as otherwise provided in the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, may not manufacture, sell or import its patented products for production and business purposes. 88. Acts carried out before the publication date of the invention patent and the publication date of the authorization of utility model and design are not acts of patent infringement. From the date of publication of the invention patent to the date of authorization announcement, that is, during the temporary protection period of the invention patent, the unit or individual exploiting the invention shall pay the right holder an appropriate royalty. The judgment of its implementation behavior can refer to the applicable laws and regulations of patent infringement. If the scope of protection requested by the applicant on the date of patent application is inconsistent with the scope of patent protection authorized by the patent announcement, and the alleged infringing technical scheme falls within the above two protection scopes, it is deemed that the accused infringer has implemented the invention during the temporary protection period. If the technical scheme of the alleged infringement only belongs to a protection scope, it shall be deemed that the accused infringer has not implemented the invention within the temporary protection period. 89. Manufacturing a patented product of invention or utility model means that the technical scheme of the product recorded in the claim is realized, and the quantity and quality of the product do not affect the determination of manufacturing behavior. The following acts shall be recognized as the act of manufacturing the patented product of invention or utility model: (1) the act of manufacturing the product by different manufacturing methods, except for the product claims defined by methods; (2) Entrusting others to manufacture or labeling products as "producers" and other similar participation behaviors; (3) the act of assembling parts into patented products. 90. Manufacturing a patented product of design refers to the patented product of design realized in the pictures or photographs submitted by the patentee when applying for a patent to the patent administration department of the State Council. 9 1. The use of a patented product of invention or utility model means that the technical function of the product technical scheme recorded in the claim has been applied. 92. Where a product that infringes the patent right of an invention or utility model is used as a component or an intermediate product to manufacture another product, it shall be regarded as using the patented product. 93. Using a patented method means that every step of the technical scheme of the patented method recorded in the claim has been realized, and the result of using this method does not affect the determination of whether it constitutes patent infringement. 94. The use of a patented design product means that the function and technical performance of the design product have been applied. The prohibition right of the patentee of a design does not include the right to prohibit others from using the patented product of the design. 95. If a product that infringes the patent right of another person is used for rent, it shall be regarded as the use of the patented product. 96. The sale of patented products refers to the transfer of the ownership of products accused of infringement within the scope of patent protection, or the ownership of products directly manufactured according to the patented method, or the ownership of products containing design patents from the seller to the buyer for compensation. Tying or transferring the ownership of the above products in other ways to obtain commercial benefits in disguise also belongs to selling the products. 97. If a product that infringes the patent right of an invention or utility model is used as a spare part or an intermediate product, and another product is manufactured and then sold, it shall be deemed as selling a patented product. Where a product infringing the patent right of design is used as a component to manufacture another product and sell it, it shall be regarded as the act of selling the patented product of design, except that the product infringing the patent right of design only has technical functions in another product. Only having technical function means that the component constitutes the internal structure of the final product, which does not produce visual effect in the normal use of the final product, but only has technical function. 98. Before the act of selling products that infringe others' patents actually happens, the accused infringer expresses his intention to sell products that infringe others' patents, which constitutes a promise to sell. The expression of sales intention of products infringing others' patent rights through advertising, display in shop windows, display on the Internet or display at trade fairs can be regarded as sales commitment. 99. The import of patented products refers to the act of bringing products that fall within the protection scope of product patent claims, products directly obtained by patented methods or products containing design patents into China from abroad in a spatial way. 100, the method patent extends to products, which means that after the method invention patent is granted, no unit or individual may use the products directly obtained by using the patented method for production and business purposes, promise to sell, sell or import without the permission of the patentee. 10 1. The product directly obtained according to the patented method refers to the original product obtained after the raw materials and articles are processed according to all the steps recorded in the method patent claim, so that the structure or physical and chemical characteristics of the raw materials and articles are obviously changed. Follow-up products obtained by further processing the above-mentioned original products, that is, using the original products as intermediate components or raw materials and processing them into other follow-up products, shall be recognized as products directly obtained by patented methods. Further processing and treatment of subsequent products do not belong to the use of products directly obtained according to patented methods. 102. A new product as stipulated in Article 61 of the Patent Law refers to a product that has been produced for the first time at home and abroad, and is obviously different from similar products existing before the patent application date in terms of composition, structure, quality, performance and function. If the product or the technical scheme for manufacturing the product is known to the public at home and abroad before the patent application date, it shall be deemed that the product is not a new product as stipulated in the patent law. Whether it is a new product is proved by the patentee. Where the patentee submits evidence to preliminarily prove that the product belongs to a new product as stipulated in the patent law, it shall be deemed that the patentee has fulfilled the burden of proof. 103, the same product means that there is no substantial difference in shape, structure or composition between the accused infringing product and the original product directly obtained by implementing the new product manufacturing method. Whether they belong to the same product or not shall be proved by the obligee. 104. For the utility model patent, the obligee shall prove that the alleged infringer manufactured, used, sold, promised to sell or imported the alleged infringing product for the specific purpose of the patent. (2) * * has an infringement 105, two or more people * * have an act of implementing Article 11 of the Patent Law, or two or more people jointly implement an act of implementing Article 11 of the Patent Law, which constitutes an infringement of * * *. 106. Whoever instigates or helps others to commit the acts specified in Article 11 of the Patent Law is the same infringer as the implementer. 107. If the product infringing the patent right is used as a component to manufacture another product and sell it, if the accused infringer has a division of labor and cooperation, it constitutes the same infringement. 108, providing, selling or importing materials, special equipment or spare parts specially used for implementing other people's product patents, or providing, selling or importing materials, devices or special equipment specially used for implementing other people's method patents, the above-mentioned actors and implementers constitute the same infringement. 109. Providing places, storage, transportation and other convenient conditions for others to carry out the acts specified in Article 11 of the Patent Law constitutes a * * * relationship with the infringer. 1 10. If the transferee of a technology transfer contract accepts and implements the technology according to the agreement, and infringes the patent right of others, the transferee shall bear the tort liability.