How to determine patent infringement How to deal with patent infringement


Release Time:

2022-07-06

I believe you all know that the application of a patent has a scope of protection, so how should we define what kind of behavior infringes someone else's patent and how to deal with it? Let's take a look.

How to determine whether an act infringes a patent

Patent infringement is generally determined by the following conditions:

1. Individual or enterprise conduct has implemented the relevant patent.

2. The actions of individuals or enterprises are not authorized by the patent owner.

(3) The actions of individuals or enterprises have the purpose of production and operation (whether subjective or not).

How patent infringement is handled

The above describes the general conditions for determining patent infringement, and let's look at how the conduct that is determined to be a patent infringement will be treated.

(1) Negotiate a settlement on their own

The parties to the patent infringement may negotiate or find a third party to reach a settlement.

(2) Administrative rulings

Report to the administrative department concerned with the patent, and the relevant department shall determine the patent infringement and impose administrative penalties.

(3) Court proceedings

After discovering that the person concerned has infringed the patent, the patent holder may file a lawsuit with the people's court of the defendant to request that the infringement be stopped and that economic losses be compensated.

Patent infringement is a very terrible thing, which not only damages the interests of others, but also gets no benefit after the infringement is discovered. Therefore, I hope everyone pays attention to prevent their patents from being infringed by others and strengthen their patent awareness.

Source: Cool Cat

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