Elements of patent infringement

The constituent elements of general civil tort liability usually include four aspects: illegal acts, damage results, causal relationship between illegal acts and damage results, and subjective fault of the perpetrator. For patent infringement liability, the constituent elements mainly include the following aspects: (1) The object of the infringement should be a valid patent that enjoys Patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only patent rights that have not expired due to payment, invalidation, abandonment, etc. within the specified protection period are valid patents. It should be noted that if a patent right is declared invalid for some reason, the patent right will be deemed to have ceased to exist from the beginning. Therefore, even if someone else has implemented it before, it is not enough to constitute patent infringement. (2) There are illegal acts. That is, the perpetrator has exploited the patent for profit without the permission of the patentee. It should be noted that Article 63 of the Patent Law stipulates five types of behavior that are not considered to be infringements and are exceptions to liability for patent infringement. If the actor cannot provide evidence as a defense, the actor should be deemed to have committed patent infringement. , and bear responsibility in accordance with the law. (3) The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an infringement of the patent rights of others and carries out the behavior; the so-called negligence means that the actor carries out the behavior of infringing the patent rights of others due to negligence or overconfidence. However, there are exceptions. For example, Article 63, Paragraph 2 of the Patent Law stipulates that even if the perpetrator has no subjective fault, it still constitutes patent infringement, but he will not be liable for compensation. (4) It should be for production and business purposes. Article 11 of the Patent Law stipulates: After an invention-creation is granted a patent right, no one may exploit the patent, except as otherwise provided in this Law, and the exploitation shall not be for the purpose of production or business. Therefore, the purpose of production and operation should also be one of the constituent elements for judging patent infringement.