How to identify patent infringement

Legal analysis: the elements that constitute patent infringement include two aspects: formal conditions and substantive conditions. The formal requirements of (1) mainly include: (1) An effective China patent is involved in the implementation; 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. (2) Whether the essential elements of patent infringement, that is, technical conditions and substantive implementation, 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.

Legal basis: Intellectual Property Law of the People's Republic of China

Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

(4) distorting or tampering with other people's works;

(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;

(six) the use of other people's works, not in accordance with the provisions of the payment;

(seven) live broadcast of their performances without the permission of the performers;

(eight) other acts of infringement of copyright and copyright-related rights and interests.

Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:

(1) Plagiarism and plagiarism;

(2) reproducing and distributing his works for profit without the permission of the copyright owner;

(3) publishing books with exclusive publishing rights enjoyed by others;

(four) without the permission of the performer, recording and publishing his performance;

(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;

(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;

(seven) the production and sale of counterfeit works of art..