What are the constitutive requirements of patent infringement?

Legal analysis: the constituent elements of patent infringement are: 1, and there is a valid patent right; 2. There is legal infringement; 3. The 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.

Legal basis: Article 68 of the Patent Law of People's Republic of China (PRC), in addition to bearing civil liability according to law, the department in charge of patent law enforcement shall order it to make corrections and make a public announcement, confiscate the illegal income, and may impose a fine of less than five times the illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.