Patents are often infringed because of their high practical value. Generally speaking, there are three kinds of patent infringement: productive infringement, commercial infringement and indirect infringement. Productive infringement includes two aspects: first, the production and manufacture of patented products of others; Second, the act of using other people's patented technology to directly or indirectly produce and make profits is called productive infringement. The use of the method, as long as it is used for production and operation, constitutes infringement. Designing and manufacturing patented products by oneself and then using them for production and business purposes also constitutes productive infringement. There is no infringement of design patent, only the productive infringement of manufacturing behavior. Commercial infringement actually refers to the infringement caused by the sale of infringing products. Sales infringement should be the production and sale of products knowing that the patent rights of others are infringed. Indirect infringement is based on direct infringement. If direct infringement is not established, indirect infringement cannot exist. And the establishment of indirect infringement, often have a certain degree of * * * intentionally or knowingly, indirect infringement usually has the following three forms. First, knowing that one of the main components produced by oneself is specially made for patent infringers, which is not universal and may constitute indirect infringement.
Legal objectivity:
patent law of the people's republic of china
Article 11
After the patent right for invention and utility model is granted, except as 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 the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method. 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.