Problems in patent concept
There is no contradiction. Infringement judgment and novelty judgment adopt different principles. The former adopts the principle of universal coverage, and when other features fall within the protection scope of the upper concept, the lower concept must fall within the protection scope of the upper concept. For example, the patent requires a metal product, and the product is a copper product, which obviously belongs to the scope of patent protection, because the metal product contains copper products; The latter principle: the word "same" can be learned for inventions or utility models with the same content. Still in the above example, the comparison document is made of metal, and this application is made of copper, so the comparison document obviously will not affect the novelty of this application. See 3.2. 1 and 3.2.2 of the patent examination guide for details.