1, and 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.
2, constitute the essential elements of patent infringement, that is, technical conditions, whether the substantive implementation behavior belongs to the scope of patent protection.
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 basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Technology Contract Disputes Article 25 Patent exploitation license includes the following ways: (1) Exclusive exploitation license means that the transferor licenses the patent to only one transferee within the agreed scope of patent exploitation license, and the transferor may not exploit the patent as agreed; (2) Exclusive exploitation license means that the licensor licenses the patent to only one assignee within the agreed scope, but the licensor can exploit the patent by itself according to the agreement; (3) General exploitation license means that the licensor licenses others to exploit the patent within the agreed scope of exploitation license and can exploit the patent by himself.