Patent Infringement
Patent infringement refers to the act of others implementing the technology scheme protected by a patent without the permission or authorization of the patentee during the validity period of the patent, which infringes on the patent rights of the patentee. The patentee can protect their patent rights through legal means.
Definition: Patent infringement refers to the act of implementing the technical solution protected by a patent without the permission or authorization of the patent holder during the validity period of the patent, thereby infringing on the patent holder's rights. The patent holder can protect their patent rights through legal means.
Origin: The patent system originated in Venice, Italy, in the 15th century to encourage invention and creation. With the development of the Industrial Revolution, the patent system gradually spread worldwide. The concept of patent infringement emerged to protect the legitimate rights of inventors.
Categories and Characteristics: Patent infringement is mainly divided into direct infringement and indirect infringement. Direct infringement refers to the unauthorized manufacture, use, sale, or importation of patented products or methods; indirect infringement refers to aiding or inducing others to commit patent infringement. Direct infringement is usually easier to identify and prove, while indirect infringement requires more evidence.
Specific Cases: 1. The patent infringement case between Apple and Samsung: Apple accused Samsung of using multiple Apple patents in its smartphones, and the court ultimately ruled that Samsung should compensate Apple for significant damages. 2. The patent dispute between Qualcomm and Huawei: Qualcomm accused Huawei of using Qualcomm's patented technology in its communication equipment, and the dispute was eventually resolved through a settlement.
Common Questions: 1. How to determine if it constitutes patent infringement? It usually requires analysis by a professional patent attorney, comparing the technical features of the accused infringing product or method with the patent claims. 2. What are the legal consequences of patent infringement? The infringer may face legal liabilities such as ceasing the infringement and compensating for damages.
