1. The technical scheme or design of the alleged infringing product belongs to the patent protection scope of others;
2. Using another person's patent without the permission or authorization of the patentee;
3, for the purpose of production and operation;
4. Do not meet the exemption conditions.
Patent infringement refers to the illegal act of implementing a valid patent within the scope of patent protection without the permission of the patentee and without legal defense or exemption.
The following acts belong to patent infringement:
1, manufacturing patented products without permission;
2. Intentionally using the patented product of invention or utility model;
3. Selling or promising to sell patented products without permission;
4. Use patented methods and use, sell or promise to sell products directly obtained according to patented methods;
5. The act of importing patented products or products directly obtained by patented methods.
Legal basis:
patent law
Article 11
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.