(I) Concept of Patent Infringement Patent infringement refers to the act that the actor exploits another person's patent for profit without the permission of the patentee and without legal basis within the validity period of the patent. It has the following characteristics: 1. The infringed object is a valid patent. Patent infringement must be based on the existence of a valid patent. The technology before patent authorization, the patent that has been declared invalid, abandoned by the patentee or the technology whose patent term expires does not constitute infringement. The patent law provides for a temporary protection system. After the publication of an application for a patent for invention, the user of the invention shall pay an appropriate royalty before being granted a patent right. For disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of the patent right, the patentee shall, after the grant of the patent right, request the administrative department for patent affairs to mediate, or directly bring a suit in a people's court. 2. There must be infringement, that is, the actor objectively carried out the act of infringing others' patents. 3. For the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement. It violates the law, that is, the actor's act of implementing the patent has no legal basis without the permission of the patentee. (II) Manifestations of patent infringement Patent infringement can be divided into direct infringement and indirect infringement. 1. Direct infringement. This refers to the act of infringing others' patent rights directly implemented by the actor. Its manifestations include: (1) the act of manufacturing patented products of inventions, utility models and designs; (2) the act of using patented products of inventions and utility models; (3) promising to sell patented products of inventions and utility models; (4) the act of selling patented products of inventions, utility models or designs; (5) the act of importing patented products of inventions, utility models and designs; (6) using patented methods and using, promising to sell, selling or importing products directly obtained according to patented methods; The newly revised patent law has changed. After the latest revised patent law is implemented, the newly revised patent law shall prevail. In addition, it should be noted that counterfeiting other people's patents is also illegal, but it is not an infringement. For the purpose of production and operation, using or selling a product that is not known to be patented and manufactured and sold without the permission of the patentee or a product that is directly obtained according to the patented method, which can prove the legal source of the product, is still a patent infringement, and it is necessary to stop the infringement but not bear the liability for compensation. 2. Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. This kind of infringement usually creates conditions for direct infringement. The common manifestations are: the actor sells parts of patented products, molds specially used to implement patented products or machinery and equipment used to implement patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee. In practice, according to Article 130 of General Principles of Civil Law, indirect infringement is usually recognized as joint infringement.