The principles for judging patent infringement are as follows: 1. Universal coverage principle Universal coverage principle is the most basic principle and the first principle to judge patent infringement. The so-called universal coverage principle (also known as the principle of covering all technical features or the principle of literal infringement) means that the technical features of the accused infringing product or method (hereinafter referred to as the accused infringer) correspond to and are the same as all the technical features recorded in the claim, or the technical features of the accused infringer add some other technical features on the basis of all the technical features recorded in the claim, so it can be concluded that there is infringement. Second, the principle of equivalence originated in the United States, and has been generally recognized by the United States, Europe, Japan, South Korea and other major countries/regions in the world. The principle of equivalence is an important principle in determining patent infringement, and it is also the most widely used principle in determining patent infringement by courts. Some people say that this is a revision of the principle of universal coverage. Third, the principle of estoppel The principle of estoppel originated from English equity, and was gradually absorbed by the common law, becoming an important principle that the parties should follow in litigation and other antagonistic legal procedures.
Legal basis:
Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.