According to the provisions of China's patent law, patent infringement mainly has the following forms: First, direct infringement. It mainly refers to manufacturing, using, selling, promising to sell or importing patented products of inventions and utility models or patented products obtained by patented methods, and manufacturing, selling, promising to sell or importing patented products of design for the purpose of production and operation without the permission of the patentee. Its manifestations include: (1) the act of manufacturing patented products of inventions, utility models and designs; (2) the act of using patented products of inventions and utility models; (3) promising to sell patented products of inventions, utility models and designs; (4) the act of selling patented products of inventions, utility models or designs; (5) the act of importing patented products of inventions, utility models and designs; (6) using patented methods and using, promising to sell, selling or importing products directly obtained according to patented methods; (7) the act of counterfeiting others' patents. For the purpose of production and operation, using or selling a product that is not known to be patented and manufactured and sold without the permission of the patentee or a product that is directly obtained according to the patented method, which can prove the legal source of the product, is still a patent infringement, and it is necessary to stop the infringement but not bear the liability for compensation. Second, the acts of counterfeiting patents include the following: (1) without permission, marking the patent number of others on the products or product packages manufactured or sold by them; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents.
Legal objectivity:
After the patent right of invention and utility model in Article 11 of the Patent Law of People's Republic of China (PRC) has been granted, unless 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 its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. 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.