Elements of patent infringement: (1) The object of patent infringement should be a valid patent with a patent right in China; (two) the actor objectively exists without the permission of the patentee, and no one exploits the patent for profit; (3) The actor subjectively has the fault of patent infringement and the purpose of production and operation.
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.