Types and Includes of Patent Infringement Behavior

The types of patent infringement include three main forms direct infringement, indirect infringement, and contributory infringement.

Direct infringement is the most common type of patent infringement. It refers to the implementation of a patented technical solution without the permission of the patent holder during the validity period of the patent. For example, if a company produces and sells products identical to another party's invention patent, this behavior constitutes typical direct infringement. According to Article 11 of China's Patent Law, after the grant of invention and utility model patent rights, no unit or individual may manufacture, use, promise to sell, sell, or import the patent product for business purposes without the permission of the patent holder. If such situations occur, the rights holder can legally file a lawsuit with the People's Court, requesting cessation of the infringement and compensation for losses.

Indirect infringement refers to behaviors that do not directly constitute infringement of patent rights but promote the implementation of patents by others. For instance, providing equipment or materials specifically designed for implementing patent technology solutions, or inducing or inciting others to implement patent technology. The determination of whether indirect infringement constitutes infringement usually requires a specific context. In 2025, the Supreme People's Court issued an interpretation on the application of law in the trial of patent infringement dispute cases Part II, which pointed out that under certain specific circumstances, such as providing specialized components, courts can recognize such behaviors as infringement based on the specifics of the case.

Contributory infringement is a special form of infringement, referring to knowingly supporting or assisting others in carrying out acts of patent infringement. For example, providing storage services or transportation convenience for infringers. Such behaviors are also strictly regulated by law. In 2025, an intermediate people's court in a certain place tried a case involving contributory infringement and ultimately ruled that the defendant must bear corresponding legal responsibilities for long-term provision of logistics support to infringers.

With the development of Internet technology, patent infringement issues in the online environment have become increasingly prominent. For example, publishing information materials containing others' patent technologies without authorization on the Internet, or spreading infringing products through networks. In response to this new situation, the E-commerce Law and the Patent Law have been coordinated to clearly stipulate the processing obligations of e-commerce platforms after receiving notices from rights holders, in order to prevent the further spread of infringement.

In summary, patent infringement has diverse manifestations. When encountering infringement, rights holders should choose appropriate ways to protect their rights according to the actual situation. At the same time, all sectors of society should strengthen awareness of intellectual property protection and jointly create a good atmosphere of respecting knowledge and encouraging innovation.