Determination of patent infringement meets: 1. The infringed object is a valid patent. Patent infringement must be based on the existence of valid patents. After the publication of the application for a patent for invention, the patentee shall request the administrative department for patent affairs for mediation after the patent right is granted, or directly bring a suit in a people's court. 2. There must be infringement, that is, the actor objectively carried out the act of infringing others' patents. And for the purpose of production and operation. The implementation of non-production and business purposes does not constitute infringement. The principles of judging patent infringement include the principle of universal application, the principle of equivalence and the principle of estoppel. It violates the law, that is, there is no legal basis for the actor to exploit the patent without the permission of the patentee.
legal ground
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.