There are many kinds of torts, and the constitutive requirements of each kind of torts are different. Take patent infringement as an example: the constitutive elements of patent infringement include formal conditions and substantive conditions. Among them, the formal requirements mainly include: 1) the implementation behavior involves a valid China patent; 2) The implementation must be carried out without the permission or authorization of the patentee; 3) The implementation behavior must be aimed at production and operation. Whether the actor has subjective intention is not a formal requirement. But it can be used as a basis to measure the seriousness of the plot. Whether the elements of patent infringement, that is, technical conditions and substantive implementation behavior belong to the scope of patent protection. If the technical features involved by the actor belong to the scope of patent protection, then the actor constitutes patent infringement. There are mainly the following manifestations: 1) The technical features involved by the actor are all the same as the patent, which constitutes infringement; 2) The actor involves more technical features than patents, which also constitutes infringement; 3) The technical features involved by the actor are the same as the patent, but different technical features are equivalent to the patent, which still constitutes infringement; Otherwise, it does not constitute infringement. The equivalence of technical features here means that ordinary technicians in this technical field can infer that two technical features have the same effect after being replaced with each other.
Legal objectivity:
patent law of the people's republic of china
Article 11
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.