Legal analysis: Patent infringement has the following characteristics: 1. The object of the infringement is a valid patent. Patent infringement must be based on the existence of a valid patent. For disputes over the use of an invention without paying appropriate fees after the invention patent application is published and before the patent right is granted, the patentee should request the patent management department for mediation after the patent right is granted. , or file a lawsuit directly with the People's Court. 2. There must be an act of infringement, that is, the actor has objectively committed an act that infringes on the patent of others. And for the purpose of production and operation. Implementation for non-production and business purposes does not constitute infringement. 3. It violates the provisions of the law, that is, the actor's behavior of implementing the patent does not have the permission of the patentee and has no legal basis.
Legal basis: "The People's Republic of China and the Civil Code"
Article 120 If civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability .
Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.
Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.