A. Invention patent: refers to a new technical scheme proposed for a product, method or its improvement;
B. Patent for utility model: refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use.
Design patent;
C. Definition of invention patent: refers to a new design made in the shape, pattern or combination of product and the combination of color, shape and pattern, which is aesthetic and suitable for industrial application.
According to the above, we can know that the applied patent for the theme of material formula should be an invention patent;
2. The concept of invention patent infringement: the illegal act of implementing a valid patent protected by law without the permission of the patentee; Specifically, it includes production, use, sales and promised sales for the purpose of production and operation.
3. Infringement constitution: a. Behavior constitution: existence of the behavior mentioned in point 2 above;
B technical composition: the technical scheme implemented belongs to the scope of protection of effective patents: according to Article 56 of the Patent Law, "the scope of protection of the patent right for invention or utility model shall be subject to the content of its claim, and the description and drawings can be used to explain the claim.
4. Identification of patent infringement: it is necessary to confirm the patent and then make technical comparison; Technical comparison belongs to the scope of protection: a, the technical characteristics involved by the actor are all the same as those of the patent, which constitutes infringement; B, the technical features involved by the actor are more than patents, which also constitutes infringement; C the technical features involved by the actor are the same as those of the patent, but they are different. However, different technical features are equivalent to the technical features of this patent and still constitute infringement; Otherwise, it does not constitute infringement.
To sum up, the questioner should know whether it belongs to the scope of rights protection; First of all, we must determine the protection scope of the material formula patent (according to Article 56 of the Patent Law, the claim shall prevail); Then compare it. Therefore, whether the technical scheme belongs to the scope of protection is directly related to the scope of protection embodied in patent documents.