How to identify patent infringement?

The constitutive requirements of patent infringement include two aspects: formal requirements and substantive requirements. Formal requirements refer to the composition requirements stipulated in Article 1 1 of the Patent Law: 1. Effective China patents are involved in the implementation; 2. The implementation behavior must be without the permission or authorization of the patentee; 3, the implementation of behavior must be for the purpose of production and operation. 4. Infringement of manufacturing, using, promising to sell, selling or importing the patent involved. Whether the actor has subjective intention is not a formal requirement. But it can be used as a basis for measuring the seriousness of the circumstances and making economic compensation. It is an essential element of patent infringement, that is, technical conditions. If the technical features of the suspected infringing product include all the technical features of the claims protected in the patent claims involved, it is considered that the infringing product involved falls within the protection scope of the patent involved. Article 11 of the Patent Law of People's Republic of China (PRC) stipulates that after the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods. After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes.