Patent violation: concept, classification, responsibility

Abstract

The paper studies the concept of violation of patent rights to inventions, utility models and industrial designs. The legal liability for such violations is analysed and determined. The absence of a legislative definition of patent violation is noted, in connection with which the author's definition is proposed. In particular, the authors consider the meaning of patent claims and the utility model and the equivalence of the features of the last in establishing the fact of violation and identifying these features in a specific product, substance, or method. It can be concluded that violation of patent rights is non-compliance with the requirements established by law when using inventions, utility models and industrial designs. This formulation includes not only cases of using the objects of patent rights without the consent of their copyright holders, but also cases of violation of personal and other rights when using inventions, utility models and industrial designs.