What is the concept of patent infringement?

Patent infringement refers to the act of others exploiting a patent for profit without the permission of the patentee and other legal reasons within the validity period of the patent right. This kind of patent infringement referred to here is actually direct patent infringement. Patent infringement consists of the following elements: 1. The object of infringement is a valid patent. Patent infringement must be based on valid patents, and the implementation of a patent that has been declared invalid or abandoned or a technology whose patent period has expired does not constitute patent infringement. 2, there must be violations. That is, there is an act of exploiting a patent without the permission of the patentee. 3. The infringer is a factual infringement for the purpose of production and operation. 4. The infringer is not at fault subjectively. In the handling of patent infringement disputes, the patentee does not have to bear the burden of proof that the defendant has subjective fault, and the principle of patent infringement is no-fault liability. Article 60 of the Patent Law stipulates that if a patent is exploited without the permission of the patentee, that is, the patent right is infringed, and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.