What is the first premise of patent infringement?

The necessary conditions for patent infringement are: first, the object of infringement is the existing technology or design and it is a valid patent; Second, the infringement has not been approved by the patentee; The purpose of the third infringement is for production and operation; Fourth, the way of infringement is to manufacture, use, promise to sell or sell other people's patented products.

legal ground

patent law of the people's republic of china

Article 67

In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.

Article 77

Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.

Rule 84 of the Implementing Rules of the Patent Law

The following acts belong to the act of counterfeiting patents as stipulated in Article 63 of the Patent Law:

(1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission;

(2) selling the products mentioned in item (1);

(five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right for a patented technology or design.