second, direct infringement. This refers to the act of infringing others' patent rights directly carried out by the actor. Its manifestations include: manufacturing, promising to sell, selling and importing patented products of inventions, utility models and designs; The act of using patented products of inventions and utility models;
third, indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. Indirect infringement usually creates conditions for direct infringement, and the common manifestations are: the actor sells parts of patented products, molds specially used for implementing patented products or machinery and equipment used for implementing patented methods; The behavior of the actor transferring his patented technology without the authorization or entrustment of the patentee.
Legal basis:
Article 1 of the Civil Code of the People's Republic of China
Patent infringement refers to the act of exploiting a patent without the permission of the patentee as mentioned in Article 6 of the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law). The implementation here refers to manufacturing, using, promising to sell, selling, importing its patented products or using its patented method, and using, selling, promising to sell and importing products directly obtained by this method. Patent infringement can also be called patent infringement. According to the provisions of China's patent law, patent infringement refers to the act of anyone else exploiting a patent for profit without the permission of the patentee and other legal reasons within the validity period of the patent right. This kind of patent infringement referred to here is actually direct patent infringement. The object of infringement is a valid patent. Patent infringement must be based on the valid patent, and the implementation of a patent that has been declared invalid or abandoned or a technology whose patent term has expired does not constitute patent infringement. 2 there must be violations. Article 2 If the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
article 183 if the infringer suffers damage to himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
article 167 where an infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 1168 Where two or more persons jointly commit an infringement and cause damage to others, they shall be jointly and severally liable.