There are many kinds of torts, and the constitutive requirements of each kind of torts are different.
Take patent infringement as an example: the elements that constitute patent infringement include formal conditions and substantive conditions.
Among them, the formal requirements mainly include:
1, and the implementation behavior involves valid China patents;
2. The implementation behavior must be without the permission or authorization of the patentee;
3, the implementation of behavior must be for the purpose of 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.