How to judge whether an algorithm is patent infringement? How to protect the rights of algorithm patent infringement?

The method of judging an algorithm patent infringement needs evidence preservation and alarm processing.

First, the algorithm itself can't get patent protection, but after being processed and packaged by an experienced patent agent, the scheme based on algorithm extraction has a chance to get an invention patent.

Second, in most cases, who advocates who gives evidence. Company A, which has obtained "algorithm patent" (in a broad sense), should prove that the other party (Company B) has infringed the patent right.

That is, Company B does not need to disclose a bad algorithm at all to prove that it has not infringed the patent right of Company A; As the plaintiff, Company A needs to prove that the defendant Company B has infringed the patent right. Therefore, when applying for a patent, we should also consider the difficulty of safeguarding rights in the future.

For example:

If Company A initially provides evidence that Company B has infringed the patent right. Company B thinks that there is no infringement of patent right. At this point, in order to show that there is no infringement, it is indeed possible for Company B to clarify its adopted scheme. In this case, it is indeed possible for company A to know the scheme adopted by company B through malicious litigation.