1, which has a valid patent right;
2. There is legal infringement;
3. The infringement is illegal;
4. The infringer aims at production and operation (in a broad sense);
5, the actor without the permission of the patentee (including express and implied);
6. The actor is subjectively at fault (including intentional and negligent);
7. The technology and design scheme implemented by the actor belongs to the scope of patent protection.
legal ground
Article 63 of the Patent Law of People's Republic of China (PRC)
Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.