How to judge whether there is patent infringement?

The determination of patent infringement should confirm the validity of the patent and the constituent elements of the right (that is, the technical characteristics), and then determine whether the behavior of other parties expressing or implementing its technical characteristics constitutes infringement of the patent right. Generally speaking, it is considered as patent infringement that the actor has the same or complementary expression or implementation in technical characteristics. In addition, it is also necessary to consider whether the actor has the possibility of "misunderstanding", that is, it obviously has the expression form of implementing the technical characteristics, but it is objectively different from the technical characteristics of the patent: if the actor's intention is not to infringe the patent, it does not constitute infringement.