What is the determination of patent infringement?

The development of patent actually represents the development of a country's independent innovation ability from the side, and now the social scientific and technological innovation ability is the primary productive force. A country's comprehensive strength is inseparable from its scientific and technological innovation ability. Let Bian Xiao bring you the related contents of patent infringement judgment. What is the determination of patent infringement? What is the determination of patent infringement? 1. There is an infringed and valid patent right. An invention-creation is only protected by law within the validity period of the patent right granted, and the third party's implementation of the invention-creation may constitute patent infringement. Before the patent right is granted, after the expiration of the patent right, after the patent right is declared invalid or terminated, the implementation of the third party does not constitute patent infringement. 2. Without the permission of the patentee. Only the implementation without the permission of the patentee may constitute patent infringement; Any act licensed by the patentee, such as written license, oral license or implied license, does not constitute infringement. Implied permission means that one party requests civil rights, and the other party does not express his opinion clearly in words or words, but his behavior shows that he has accepted it. This is implied permission. For the patentee's initiative to provide technical guidance for others' own patents, it is generally recognized in trial practice that the patentee has implicitly licensed others or instructed manufacturers to jointly implement their patented technology, which does not constitute infringement. 3, for the purpose of production and operation. Only for the purpose of production and operation, that is, for the purpose of profit, can an act be committed, which can constitute infringement. Not using a patent for profit does not constitute infringement. 4) The act does not belong to the circumstances otherwise stipulated by law, and otherwise stipulated generally refers to the circumstances otherwise stipulated by the patent law, and refers to some restrictions on the exercise of patent rights stipulated by the patent law.