First, the object of infringement is a valid patent. Patent infringement must be based on the existence of a valid patent. The technology before patent authorization, the patent that has been declared invalid, abandoned by the patentee or the technology whose patent term expires does not constitute infringement. The patent law provides for a temporary protection system. After the publication of an application for a patent for invention, the user of the invention shall pay an appropriate royalty before being granted a patent right. For disputes over the use of an invention without paying an appropriate fee after the publication of an application for a patent for invention and before the grant of the patent right, the patentee shall, after the grant of the patent right, request the administrative department for patent affairs to mediate, or directly bring a suit in a people's court. Second, there must be infringement, that is, the actor objectively carried out the act of infringing others' patents. Third, for the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement. Four, in violation of the law, that is, the behavior of the actor without the permission of the patentee, and there is no legal basis.
Legal basis: After the patent right for inventions and utility models is granted in Article 11 of the Patent Law of People's Republic of China (PRC), except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their 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.