Legal analysis: The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions. 1. Formal requirements. (1) The implementation involves a valid Chinese patent; (2) The implementation must be without the permission or authorization of the patentee; (3) The implementation must be for the purpose of production and business. 2. Substantive requirements, that is, technical conditions.
Legal basis: "Intellectual Property Law of the People's Republic of China"
Article 45 Whoever commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement and eliminating the impact , public apology, compensation for losses and other civil liabilities:
(1) Publishing his work without the permission of the copyright owner; (2) Without the permission of the co-author, Works jointly created by others are published as works created by oneself alone;
(3) Without participating in the creation, in order to seek personal fame and fortune, one signs other people’s works;
(4) ) Distorting or tampering with other people’s works;
(5) Using in the form of performances, broadcasts, exhibitions, distributions, making films, televisions, videos, or adapting, translating, annotating, editing, etc. without the permission of the copyright owner works, except as otherwise provided for in this Law;
(6) Using other people’s works without paying remuneration in accordance with regulations;
(7) Using other people’s works from the scene without the permission of the performer Live broadcasting of their performances;
(8) Other acts that infringe upon copyright and copyright-related rights and interests.
Article 46 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making a public apology, and compensating for losses, and may be confiscated of illegal gains by the copyright administrative department. , fines and other administrative penalties:
(1) Plagiarizing or copying other people's works;
(2) Copying and distributing his works for profit without the permission of the copyright owner;
(3) Publishing books for which others have exclusive publishing rights;
(4) Publishing audio and video recordings of performances without the permission of the performers;
(5) Copying and distributing the audio and video recordings produced by the audio and video producers without their permission;
(6) Copying and distributing the radio and television programs produced by them without the permission of the radio and television stations ;
(7) Producing and selling works of art that counterfeit the signature of others.