Not necessarily, it depends on whether it meets the tort standard. 1, the object of infringement should be a valid patent with a patent right in China. Patents are regional and time-sensitive: regional: generally authorized by China National Intellectual Property Administration. Timeliness: the patent right that has not expired due to payment, invalidity, abandonment and other reasons within the specified protection period. Note: If a patent right is declared invalid for some reason, it is regarded as nonexistent from the beginning, so even if someone else has implemented it before, it does not constitute patent infringement. 2. There is an illegal act, that is, the actor exploits the patent for profit without the permission of the patentee. Note: According to Article 69 of the Patent Law, any of the following circumstances shall not be regarded as infringement of the patent right: (1) The patentee or a unit or individual licensed by him sells a patented product or a product directly obtained by a patented method, and then uses, promises to sell, sells or imports the product. (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope. (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity. (four) the use of relevant patents for scientific research and experiments. (5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them. 3. Subjective fault of the actor The subjective fault of the infringer includes intentional and negligent intentional: the actor knows that his behavior is an act of infringing others' patents and commits negligent behavior; the actor commits an act of infringing others' patents because of negligence or overconfidence. Note: Paragraph 2 of Article 63 of the Patent Law stipulates that even if the actor is not subjectively at fault, it constitutes patent infringement, but he will not be liable for compensation. 4. Production and operation should be aimed at production and operation, which should also be one of the elements to judge patent infringement. Article 11 of the Patent Law stipulates that after an invention-creation is granted a patent right, no one may exploit the patent unless otherwise provided for in this Law, and the exploitation shall not be for the purpose of production and operation.
Legal basis:
Article 60 of the Patent Law of People's Republic of China (PRC) The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, 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.