How to identify patent infringement in patent infringement law

Infringement of patent right:

1. The actor manufactures, uses, promises to sell, sells or imports invention patents and utility model patents without authorization for the purpose of production and operation;

2. The actor manufactures, promises to sell, sells or imports other people's patented products without authorization for the purpose of production and operation;

3. Other circumstances of patent infringement.

legal ground

Article 11 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

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.