What are the constitutive elements of patent infringement? How to judge whether there is patent infringement?

According to the actual situation, the illegal act of implementing a valid patent protected by law for the purpose of production and operation without the permission of the patentee belongs to patent infringement.

The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions. Formal requirements mainly include:

1) The implementation behavior involves 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 aimed at production and operation. Whether the actor has subjective intention is not a formal requirement. But it can be used as a basis to measure the seriousness of the plot.

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. Main performance:

1) The technical features involved by the actor are all the same as the patent, which constitutes infringement;

2) The actor involves more technical features than patents, which also constitutes infringement;

3) The technical features involved by the actor are the same as the patent, but different technical features are equivalent to the patent, which still constitutes infringement; Otherwise, it does not constitute infringement. The equivalence of technical features here means that ordinary technicians in this technical field can infer that two technical features have the same effect after being replaced with each other.