1, the object of infringement should be a valid patent with a patent right in China;
2. There is an illegal act, that is, the actor exploits the patent for profit without the permission of the patentee;
3. Subjectively, the actor is at fault, and the subjective fault of the infringer includes intention and negligence;
4, should be for the purpose of production and operation.
After an invention-creation is granted a patent right, no one may exploit the patent unless otherwise provided by relevant laws, and the exploitation shall not be for the purpose of production and operation. Therefore, the purpose of production and operation should also be one of the constitutive requirements for judging patent infringement.
patent law of the people's republic of china
Article 60
The patentee or interested party may, without the permission of the patentee, request the patent administration organ to handle the patent infringement, or directly bring a suit in the people's court. When dealing with it, the patent administration authorities have the right to order the infringer to stop the infringement and compensate for the losses; If a party refuses to accept it, he may bring a suit in a people's court within three months from the date of receiving the notice; If neither prosecution nor performance is made at the expiration of the time limit, the patent administration organ may request the people's court for compulsory execution.
When an infringement dispute occurs, if the invention patent is a manufacturing method of a new product, the unit or individual that manufactures the same product shall provide proof of its manufacturing method.