如何用专利权英文表达专利侵权纠纷？

In the realm of intellectual property law, patent disputes are a common occurrence. When it comes to expressing a patent infringement dispute in English, it is important to use precise and legally sound terminology. Below is a detailed explanation of how to express a patent infringement dispute using English legal terminology.

Understanding Patent Infringement

Before delving into the English expression of a patent infringement dispute, it is crucial to have a clear understanding of what constitutes patent infringement. Patent infringement occurs when a third party uses, makes, sells, offers to sell, or imports a patented invention without the permission of the patent owner. This unauthorized use can take various forms, including direct infringement, contributory infringement, and induced infringement.

Expressing Patent Infringement Dispute in English

1. Patent Infringement Claim

The first step in expressing a patent infringement dispute is to make a clear claim. This can be done by stating that the defendant has engaged in activities that constitute patent infringement. Here is an example:

"The plaintiff asserts that the defendant's actions, including the manufacture, use, and sale of the accused product, directly infringe upon the claims of U.S. Patent No. 1234567."

2. Direct Infringement

Direct infringement is the most straightforward form of patent infringement. To express a direct infringement claim, you would typically include the following elements:

• Act of Making, Using, Selling, or Offering to Sell: Specify the actions of the defendant that are in violation of the patent.
• Patented Invention: Reference the specific patent and its claims that are being infringed upon.
• No License or Permission: Emphasize that the defendant did not have a license or permission to engage in the infringing activities.

Example:

"The defendant's actions, including the production and sale of the accused product, directly infringe upon the claims of U.S. Patent No. 1234567, as they involve the making, using, and selling of the patented invention without the plaintiff's authorization."

3. Contributory Infringement

Contributory infringement occurs when a person supplies a component or material specifically designed for use in a patented invention, knowing that it will be used in the infringement of the patent. To express a contributory infringement claim, you might say:

"The defendant, through its supply of the infringing component, has directly contributed to the infringement of the plaintiff's patent, thereby engaging in contributory infringement."

4. Induced Infringement

Induced infringement involves one party intentionally encouraging, aiding, or causing another to infringe a patent. The claim might be expressed as follows:

"The defendant's marketing and promotional activities, which directly encouraged consumers to use the accused product, constitute induced infringement of the plaintiff's patent."

5. Patent Infringement Lawsuit

When filing a lawsuit for patent infringement, the complaint should include the following elements:

• Patent Ownership: Establish the plaintiff's ownership of the patent.
• Infringing Activities: Detail the specific acts of infringement by the defendant.
• Damages: Request monetary compensation for the infringement.
• Injunction: Seek a court order to stop the infringing activities.

Example:

"The plaintiff, XYZ Corporation, owns U.S. Patent No. 1234567, which covers the patented invention. The defendant, ABC Inc., has engaged in direct infringement by manufacturing and selling the accused product. The plaintiff seeks monetary damages and an injunction to prevent further infringement."

Conclusion

Expressing a patent infringement dispute in English requires a clear and concise understanding of the legal terminology and the specific elements of the claim. By using the examples provided above, one can effectively communicate the nature of the dispute and the relief sought in a legal setting. It is always advisable to consult with a qualified intellectual property attorney when dealing with complex patent infringement matters.

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