1. Infringed object: that is, the infringed patented product or method must be protected by the patent law, and the implementation of expired, invalid or abandoned patents does not constitute infringement;
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: Article 63 of the Patent Law of People's Republic of China (PRC), in addition to bearing civil liability according to law, the administrative department for patent affairs shall order it to make corrections and make a public announcement, confiscate its illegal income, and may impose a fine of less than four times its illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.