Patent infringement refers to the illegal act of carrying out a valid patent protected by law for the purpose of production and operation without the permission of the patentee. It needs to meet certain constitutive requirements:
1) The implementation behavior involves an effective China patent;
2) The implementation must be carried out without the permission or authorization of the patentee;
3) The implementation behavior must be aimed at production and operation. Whether the actor has subjective intention is not a formal requirement. However, it can be used as a basis to measure the seriousness of its plot.
The similarity in function between WeChat and Yixin does not mean that one party infringes the patent of the other party, just as the functions of different brands of color TVs are similar. QQ and MSN have many similarities. The carrier of intellectual property protection is not the idea. Different companies may have similar ideas when developing software in commercial competition, but as long as they are legally developed and do not steal or illegally use the patent of the other party, it is legal.
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