The exemption conditions for patent infringement are:
1. If the legal source of the product can be proven, it will not be liable for compensation. Legal sources refer to obtaining products through normal business methods such as legal sales channels and usual sales contracts. For legal sources, users, prospective sellers or sellers should provide relevant evidence that complies with transaction practices.
2. Subjectivity is good intention.
However, if the right holder proves to the contrary that the user has not paid the consideration or the consideration is obviously unreasonable, it does not meet the requirements for exemption from cessation of infringement, and the user should still bear civil liability for cessation of use.
Legal basis
Article 77 of the "Patent Law", using, offering for sale or selling for production and business purposes without knowing that it is manufactured and sold without the permission of the patentee If a patent infringing product can prove that the product is of legal origin, it will not be liable for compensation.