Legal analysis:
The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions.
I. Formal requirements
(1) The enforcement action involves valid China patents;
(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, substantive elements.
Whether the elements of patent infringement, that is, technical conditions and substantive implementation behavior 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:
Article 11 of the Patent Law stipulates that after the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, or use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
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.
Article 60 of the Patent Law stipulates that the administrative department for patent in the State Council shall promptly notify the patentee of the decision to grant compulsory license, and register and announce it.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
Article 61 of the Patent Law stipulates that a unit or individual that has obtained a compulsory license for exploitation does not have the exclusive right to exploit it and has no right to allow others to exploit it.
Article 65 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation. Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).