1, which indirectly infringes the patent right of others;
2. The subjective aspect of the actor's indirect infringement of others' patent rights is out of intentional mentality;
3. The actor indirectly infringes the patent right of others, causing losses to the patentee.
What are the penalties for patent infringement?
1. If the patent right of others is infringed and the legitimate rights and interests of others are harmed, the infringer shall bear civil compensation and punitive damages under certain conditions;
2. If the infringement of the patent right of others does not constitute a crime, the patent administration department shall impose administrative penalties such as fines and confiscation of illegal income;
3. If the circumstances of patent infringement of others are serious and constitute a crime, criminal punishment shall be given according to law.
Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC).
The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.