How to determine patent infringement
Determination of patent infringement: From the above provisions of my country's Patent Law, it can be seen that the following conditions must be met to constitute patent infringement:
1. There is a valid Patent right that has been infringed. An invention-creation is protected by law only during the validity period of the patent right granted to it. Only when a third party implements the invention-creation may it constitute an infringement of the patent right. Before the patent right is granted, after the expiration of the patent right, After the patent right is declared invalid or has been terminated, the third party's implementation does not constitute patent infringement.
2. Without the permission of the patentee. Only implementation without the permission of the patentee may constitute patent infringement; implementation with the permission of the patentee, such as written permission, oral permission or implied permission, etc., does not constitute infringement. Implied permission means that one party makes a request for civil rights and the other party does not express his opinion clearly in words or words, but his behavior shows that he has accepted it, which is an implicit permission. For the behavior of a patentee taking the initiative to provide technical guidance for others to implement its patent, trial practice generally determines that the patentee has implicitly permitted others or the manufacturers being directed to jointly implement its patented technology, which does not constitute infringement.
3. For the purpose of production and operation. Only when certain behaviors are carried out for the purpose of production and business, that is, for the purpose of profit, may it constitute infringement. Implementing a patent not for profit does not constitute infringement. The behavior does not fall under the circumstances otherwise stipulated by the law. Other stipulations generally refer to situations that are otherwise stipulated in the patent law, which refers to certain restrictions on the exercise of patent rights stipulated by the patent law.
After reading the content compiled by the editor above, I believe you must have a better understanding of how to identify patent infringement. If you need legal aid or have other legal needs, you can directly seek legal consultation on the Legal Savior Network, where professional lawyers will provide you with answers.