Infringers and Infringement Actions

Any unauthorized person which,

  • makes, uses, sells, imports or advertises the patented product; or
  • uses a patented process or makes, uses, sells, imports or advertises the product directly obtained through the patented process,

will be deemed to have violated the exclusive rights of the owner of the patent.

A patent owner can initiate either a civil action or petition for a criminal action to be brought to prevent the infringement.

Temporary right of the Applicant

Within the period from the publication date of a patent application to the grant date, the Applicant has a temporary right to notify the person which has started any activities referred to in the above paragraph after the publication date that (i) a patent application for the invention in the name of the Applicant has been filed, and (ii) if patent is granted, his activity will be deemed as an infringement of the patent owner's right.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.