What are the elements that constitute patent infringement
Article 11, Paragraph 1 of the Patent Law stipulates: After an invention or utility model patent right is granted, except as otherwise provided for in this Law, no unit or individual shall Without the permission of the patentee, no one is allowed to exploit the patent, that is, they are not allowed to manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented methods, or use, offer for sale, sell, or import products based on the patented methods. Products obtained directly.
1. The patent to be implemented must be a patent that has been approved by the State Intellectual Property Office and is within the validity period, rather than a patent that is under application or is A patent that has been revoked, or declared invalid by the Patent Reexamination Board, or invalidated by the People's Court.
2. The act of implementing a patent is without patent rights person’s permission. Only the implementation of a patent without the permission of the patentee constitutes infringement. Although some acts of exploiting a patent are not authorized by the patentee, they are not necessarily infringements.
3. The objective existence of infringement. Infringers have committed acts that infringe on others' patents, including manufacturing, using, offering to sell, selling, or importing their patented products without permission, or using their patented methods, and using, offering to sell, selling, or importing products directly obtained according to the patented methods. the behavior of.
5. The perpetrator must be at fault. The infringer who commits patent infringement must be subjectively at fault, including intentionality and negligence, in order for the infringer to bear legal liability according to law.
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