Basis for judging patent infringement

Legal analysis: there are three main principles to judge patent infringement: the principle of universal coverage is the primary principle to judge patent infringement, also known as the literal principle or the principle of covering all technical features. The principle of universal application means that all the technical features recorded in the claim of the technical scheme accused of infringement are exactly the same as those recorded in the claim claimed by the obligee, so it belongs to the scope of patent protection. The principle of equivalence refers to that the technical features of the infringing object are different from the necessary technical features recorded in the patent claim, but they actually realize the same function and achieve the same technical effect, which is regarded as equivalence and belongs to the scope of patent protection. The estoppel principle refers to the content abandoned by the patent applicant or patentee in the process of patent application or maintaining the validity of patent right, which can no longer be included in the scope of patent protection.

Legal basis: After the patent right for inventions and utility models is granted in Article 11 of the Patent Law of People's Republic of China (PRC), except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import their patented products for production and business purposes, or use their patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.

After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.

Article 59 of the Patent Law of People's Republic of China (PRC) The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings may be used to illustrate the content of the claim. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.