How to infringe others' patent rights? Is it the same?
Patent infringement: refers to the act of exploiting a patent without the permission of the patentee. Patent infringement can be divided into: 1) counterfeiting others' patents; 2) There are two methods: passing off non-patented products as patented products and passing off non-patented methods as patented methods. Anyone who infringes the patent right shall bear the punishment of stopping the infringement, confiscating the illegal income, compensating the losses of the patentee and imposing a fine. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. Judging whether there is infringement depends on how the claims are written (for inventions and utility models). If a product contains all the technical features of the patent (independent) claim, it can generally be judged as infringement. Note that this is not completely equivalent to infringement, nor is it to judge the percentage of similarity through feature comparison. For example, the patent protects an umbrella whose skeleton can be bent, so whether it is a two-fold umbrella or a three-fold umbrella, it will infringe this patent right. The wider the claim is written, the greater the scope of protection, and the greater the probability of being infringed by others. Of course, the greater the scope of the claims, the more novelty can be tested. For example, if someone first invented an umbrella, then someone invented a foldable umbrella, and then someone set an anti-ultraviolet coating on the umbrella, then all umbrellas produced without permission are infringing within the validity period of the first inventor's patent. Of course, if the first person produces a folding umbrella without the permission of the second patentee who designed the folding umbrella, it also infringes the patent right of the second person. In short, for a valid patent right, products manufactured without anyone's permission include all patents.