1 has a valid patent right.
2. There is legal infringement.
3. Infringement is illegal.
4. The infringer aims at production and operation (in a broad sense).
5, the actor without the permission of the patentee (including express and implied).
6. The actor is subjectively at fault (including intentional and negligent).
7. The technology and design scheme implemented by the actor belongs to the scope of patent protection.
Only with these provisions can we identify the infringement of patent rights.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 60 If, after the patent right has been granted, the patent is infringed for the purpose of production and operation without the permission of the patentee, the patentee or interested party may bring a lawsuit to the people's court, requesting to stop the infringement and compensate for the losses.
Article 11 After the patent right is granted, unless otherwise provided by law, the patentee shall not manufacture, use, sell or import the patented product of his invention or utility model or use the patented method for production and business purposes without the permission of the patentee. Selling or importing products directly obtained by this method, or manufacturing, selling or importing patented products for design.