What are the essential elements and formal elements of patent infringement?
What are the essential elements and formal elements of patent infringement? Second, the elements of patent infringement. Patent infringement includes direct infringement and indirect infringement. Direct infringement refers to the act that the infringer directly uses the patented method to manufacture, use, promise to sell, sell or import patented products. Indirect infringement means that the infringer's own behavior does not directly constitute an infringement of the patent right, but induces, encourages, abets and helps others to infringe the patent right. What are the essential elements and formal elements of patent infringement? The elements that constitute patent infringement include formal elements and substantive elements, which are embodied as: 1. The formal requirement of patent infringement is 1. The patent involved in the implementation is an effective patent infringement in China, and it must be obtained in accordance with the laws of China, because the patent is regional and only protected by law in this region. 2. The act of exploitation must be that the patentee owns the patent without the permission or authorization of the patentee, and the infringer may not exploit the patented product without permission or authorization. 3, the implementation of behavior must be for the purpose of production and operation. According to Article 1 1 of China's Patent Law, an invention-creation granted a patent right may not apply for a patent for the purpose of production and operation unless otherwise stipulated. It can be seen that the purpose of production and operation is also one of the constitutive requirements for judging patent infringement.