The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions.
Patent infringement and its legal responsibility
Among them, the main forms are:
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. There are mainly the following manifestations: 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.
Classification of infringement
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Patent infringement can be divided into direct infringement and indirect infringement.
Direct infringement. This refers to the act of infringing others' patent rights directly implemented by the actor. Its manifestations include: the act of manufacturing patented products of inventions, utility models and designs; The act of using patented products of inventions and utility models; The act of promising to sell patented products of inventions and utility models; The act of selling patented products of inventions, utility models or designs; The act of importing patented products of inventions, utility models and designs;
Use patented methods and use, promise to sell, sell or import products directly obtained according to patented methods;
Indirect infringement. This means that the actor's own behavior does not directly constitute an infringement of the patent right, but he has induced, encouraged, abetted and helped others to infringe the patent right. Indirect infringement usually creates conditions for direct infringement, and the common manifestations are: the actor sells parts of patented products, molds specially used for implementing patented products or machinery and equipment used for implementing patented methods; An act in which an actor transfers his patented technology without the authorization or entrustment of the patentee.