1, and the implementation behavior involves valid China patents;
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. Whether the actor has subjective intention is not a formal requirement.
The elements that constitute patent infringement mainly have the following manifestations:
1. The technical features involved by the actor are exactly the same as those of this patent;
2. The technical features involved by the actor are more than those of the patent;
3. The technical features involved by the actor are the same as and different from those of this patent, but different technical features are equivalent to those of this patent, which still constitutes infringement.
patent law of the people's republic of china
Article 72
If the patentee or interested party has evidence to prove that others are committing or will commit acts that infringe the patent right and hinder the realization of their rights, and their legitimate rights and interests will be irretrievably damaged if they are not stopped in time, they may apply to the people's court for taking measures of property preservation, ordering the implementation of certain acts or prohibiting certain acts according to law before prosecution.