As long as a product includes all the technical features claimed in the prior patent, it will fall within the scope of protection of that patent. Correct
Extension:
The principle of comprehensive coverage of patent rights is to compare the technical features of the technical solution accused of infringement with the technical features of the patent. As long as the technical solution accused of infringement is compared If the technical features include all the technical features in the patent claims, it is deemed to fall within the scope of patent protection.
Judgment principles:
1. Comprehensive coverage principle
Comprehensive coverage means that the alleged infringement (product or method) covers the technology recorded in the patent claims. All necessary technical features of the solution are reproduced, and the alleged infringing object (product or method) corresponds to and is identical to all necessary technical features recorded in the independent claims of the patent. The principle of comprehensive coverage is the most basic principle in determining patent infringement. It mainly includes the following forms:
Literal infringement:
Also known as full technical feature coverage, that is, if the technical features of the alleged infringing object (product or method) include patent claims All necessary technical features recorded in the product fall within the scope of patent protection.
Superordinate concept infringement:
When the necessary technical features recorded in the patent claims adopt the features of a superordinate concept, and the alleged infringing object (product or method) adopts the corresponding When a lower-level conceptual feature is used, the alleged infringing object (product or method) falls within the scope of protection of the patent right.
Feature quantity infringement:
If the alleged infringing article (product or method) uses all the necessary technical features in the patent claims, it also adds new technical features. , still falls within the scope of patent protection. At this time, whether the technical effect of the alleged infringing object (product or method) is the same as the patented technology is not considered.
Dependent patent infringement:
If the alleged infringing object (product or method) is an improved technical solution for the prior patented technology, and has obtained the patent right, it is a dependent patent Also known as dependent patent. Without the permission of the prior patent owner, the implementation of a subordinate patent also covers the scope of protection of the prior patent right.