Infringement of patent rights | govt.chinadaily.com.cn

Infringement of patent rights

Updated: Dec 17, 2018 english.legalinfo.gov.cn Print

Acts of patent right infringement mainly include:

(1) exploiting patent without authorization of patentee. It covers: make, use, offer to sell, sell or import the patented product, without authorization of patentee, or use the patented process, or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.

(2) without the authorization of the patentee, exploiting the design that is, make, sell or import the product incorporating its or his patented design, for production or business purposes.

(3) acts of passing the patent to another person:

a. without permission, marking the patent number of another person on the product produced or sold by himself/itself or on the package of that product;

b. without permission, using the patent number of another person in the advertisement or other propaganda materials, thus causing people to mistake the technology involved with the other person's patented technology;

c. without permission, using the patent number of another person in the contract, thus causing people to mistake the technology involved in the contract with the other person's patented technology;

d. forging or altering the patent certificate, patent documents or patent application documents of another person.

(4) acts of passing an unpatented product off as patented product or passing an unpatented process off as patented process:

a. producing or selling an unpatented product marked with a patent mark;

b. after a patent right has been declared invalid, continuing to mark a patent mark on the product produced or sold by himself;

c. declaring an unpatented technology in the advertisement or other propaganda materials to be a patented technology;

d. declaring an unpatented technology in the contract to be a patented technology;

e. forging or altering the patent certificate, patent documents or patent application documents.

(5) acts of usurping the right of an inventor or designer to apply for a patent for a non-job-related invention-creation or usurping the other rights or interests of an inventor or designer prescribed in this Law.

 

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