Is unprofitable an infringement?

Non-profit non-infringement. It may not be reproduced without payment or permission. If the responsibility of the copyright owner is investigated, corresponding economic compensation is needed; If it is only for personal use or research, it is legal use and not infringement. Without the permission of the co-author, anyone who publishes a work created in cooperation with others as his own creation shall bear civil liability for stopping the infringement, eliminating the influence, making an apology and compensating the corresponding losses according to the circumstances.

What are the conditions for judging patent infringement?

1. There are infringed objects: that is, the infringed patented product or method must be protected by the patent law, and the patent that has been implemented, declared invalid or abandoned 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, the act of profiting from the patents of others. If the patented technology is used exclusively for scientific research and experiments, the act of manufacturing or using patented products or using patented methods for non-profit purposes such as personal hobbies or personal use 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 47 of the Patent Law of People's Republic of China (PRC).

The validity of patent invalidation and the treatment of patent invalidation are considered to be nonexistent from the beginning.

The decision to declare the patent right invalid has no retrospective effect on the judgments and rulings of patent infringement made and executed by the people's court before the patent right is declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.

In accordance with the provisions of the preceding paragraph, if the patentee or the patentee's transferor fails to return the patent royalty or patent transfer fee to the licensee or the patentee, which obviously violates the principle of fairness, the patentee or the patentee's transferor shall return all or part of the patent royalty or patent transfer fee to the licensee or the patentee's transferee.