How to judge whether it constitutes patent infringement?

The judgment of patent infringement is as follows: the elements that constitute patent infringement include formal conditions and substantive conditions. First, the form requirement (1) relates to 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 for the purpose of production and operation. Second, the substantive elements constitute the substantive elements of patent infringement, that is, technical conditions, and whether the substantive implementation behavior belongs 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:

patent law of the people's republic of china

Article 66 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.

Article 71 The amount of compensation for infringement of a patent right shall be determined according to the actual losses suffered by the obligee or the interests gained by the infringer due to the infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method.