The patent rights infringement is common in the current globalized world. However, the legal instruments available in the international arena do not provide a clear, unitary and unequivocal concept of patent infringement. Because of this, the main purpose of this article is to analyze the different legal texts within a global, regional and national reach, highlighting both the common and discordant elements, in order to give guidance for constructing this concept in a better way; in future legal instruments.