Conditions for infringement of patent right

Legal analysis: there are four conditions for patent infringement: there is an infringing object: the infringed product or method must be protected by patent law, and the implementation of expired, invalid or abandoned patents does not constitute infringement; There is a legitimate infringement; For the purpose of production and operation, that is, for the purpose of scientific research and experiment, the act of profiting from other people's patents, or the act of manufacturing and using patented products and patented methods for non-profit purposes such as hobbies and personal use, does not belong to patent infringement. 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 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).