2. There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;
3. For the purpose of production and operation: that is, for the purpose of making profits, if the patented technology is used exclusively for scientific research and experiments, or to manufacture patented products or patented methods and use them for non-profit purposes such as personal hobbies or personal use, it does not belong to patent infringement;
4. Without the permission of the patentee: If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Article 63 If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Article 84 Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) The following acts are acts of counterfeiting patents as stipulated in Article 63 of the Patent Law:
(1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;
(2) selling the products mentioned in item (1);
(3) calling a technology or design that has not been granted a patent right a patented technology or design, calling a patent application a patent, or using another person's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
(five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right for a patented technology or design.
Before the termination of the patent right, the patented product, the product directly obtained according to the patented method or its packaging is marked with a patent mark, and after the termination of the patent right, it is not an act of counterfeiting a patent. If a product that is not known to be a counterfeit patent is sold, and the legal source of the product can be proved, the department in charge of patent affairs shall order it to stop selling, but it shall be exempted from the penalty of fine.