1, and the implementation behavior involves valid China patents;
2. The implementation behavior must be without the permission or authorization of the patentee;
3, the implementation behavior must be for the purpose of production and operation;
4. Infringement of manufacturing, using, promising to sell, selling or importing the patent involved.
It should be noted that whether the actor has subjective intention is not a formal requirement. But it can be used as a basis for measuring the seriousness of the circumstances and making economic compensation. The essential element of patent infringement, that is, technical conditions. If the technical features of the suspected infringing product include all the technical features of the claim protected by the patent claim involved, it is considered that the infringing product involved belongs to the protection scope of the patent involved.
After the patent right of invention and utility model in Article 11 of the Patent Law of People's Republic of China (PRC) has been granted, unless 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 its patented products for production and business purposes, or use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.
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. Article 12 Any unit or individual that exploits another person's patent shall conclude an exploitation license contract with the patentee and pay the patentee the royalties. The licensee has no right to allow any unit or individual other than those stipulated in the contract to exploit the patent. Article 14 Where there is an agreement on the right to apply for a patent or the exercise of the patent right, such agreement shall prevail. If there is no agreement, * * * someone can exploit the patent alone or license others to exploit it by ordinary license; Where another person is licensed to exploit the patent, the royalties collected shall be distributed among the owners.
Except in the circumstances specified in the preceding paragraph, the exercise of all the patent application rights or patent rights of * * * shall be subject to the consent of the owner of * * *.