The elements that constitute patent infringement mainly include the following aspects: (1) The object of infringement should be a valid patent with patent right in China. The first is the China patent. Secondly, the patent is valid. In China, the validity period of invention patents is 20 years, and the validity period of utility models and designs is 10 years. Only during the protection period can the patentee enjoy the exclusive right. If the validity period expires, the invention will enter the field of * * *, and anyone can implement it, so there is no patent infringement problem. In addition, if a patent is revoked or declared invalid for other reasons, the patent is regarded as nonexistent, so even if it is implemented by others, it is not enough to constitute patent infringement. (2) there are illegal acts. That is, the actor has the behavior of exploiting the patent for profit without the permission of the patentee. (3) The actor is subjectively at fault. The subjective fault of the infringer includes intention and negligence. Intention refers to the behavior of the actor who knows that his behavior is an act of infringing others' patent rights. The infringer knowingly manufactures a product for the purpose of production and operation without permission; The so-called negligence refers to the behavior that the actor infringes the patent right of others because of negligence or overconfidence. (4) Generally speaking, production and operation should be the goal. Article 1 1 of China's Patent Law stipulates that, after an invention is granted a patent right, no one may exploit the patent unless otherwise provided in this Law, and the exploitation shall not be for the purpose of production and operation. Therefore, the purpose of production and operation should also be one of the constitutive requirements for judging patent infringement.
Legal objectivity:
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.