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专利权是指专利权人在我国专利法规定的期限内对向国家专利局提出申请的发明创造享有的专有权利。专利权是一种独占的排他权,它是国家专利局授予专利权人在中国地域内、在一定的期限内生产经营其发明创造并禁止他人生产经营其发明创造的权利。文章对专利侵权行为及判定、专利侵权的法律责任及赔偿方面进行了详细的介绍,通过适用惩罚性赔偿来阻止侵权行为的发生,不断完善我国的专利侵权损害赔偿制度,提高自主创新能力,促进我国经济健康快速发展。
Patent right refers to the exclusive rights enjoyed by the patentee during the period prescribed by the Patent Law of China for the invention and creation of an application to the State Patent Office. Patent right is an exclusive right of exclusion. It is the right granted by the State Patent Office to the patentee to manufacture and operate its invention and creation within a certain period in China and prohibit others from producing and managing its invention and creation. The article introduces the patent infringement and judgment, the legal liability and compensation of patent infringement in detail, and punishes the infringement by applying punitive damages, and continuously improves the system of patent infringement damages in our country, enhances the capability of independent innovation and promotes China’s economy is in a healthy and rapid development.