1, to determine the protection scope of the patent right. 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 can be used to explain the claim. When interpreting the claims, the technical content recorded in the claims shall prevail, not the words or wording of the claims.
2. According to the principle of universal application, all the technical features of the accused infringer (product or method) are compared with all the technical features of the technical scheme recorded in the patent claim one by one, and the accused infringer (product or method) corresponds to and is the same as all the necessary technical features recorded in the patent independent claim, which constitutes infringement.
Extended data:
The subject of the patent right, that is, the patentee, refers to the person who enjoys the patent right and assumes the corresponding obligations according to law. The main body of the patent right includes the following contents:
creator
An inventor or designer refers to a person who has made creative contributions to the substantive features of invention and creation. In the process of completing the invention and creation, people who are only responsible for organizing the work, who provide convenience for the use of material and technical conditions, or who are engaged in other auxiliary work, such as testers, draftsmen, mechanical processors, etc. Are not inventors or designers.
Among them, the inventor refers to the inventor of the invention; Designer refers to the person who has completed the utility model or design. Inventors or designers can only be natural persons, not units, collectives or research groups.
Invention is the result of intellectual labor. Invention is a factual act, not limited by the capacity for civil conduct. Therefore, no matter whether a person engaged in invention and creation has full capacity for civil conduct, as long as he has completed his own invention and creation, he should be recognized as an inventor or designer.
Inventors or designers include inventors or designers of non-service inventions and creations and inventors or designers of service inventions and creations. Non-service invention-creation refers to an invention-creation that is not completed by the unit, nor is it mainly accomplished by using the material and technical conditions provided by the unit.
For non-service inventions, the right to apply for a patent belongs to the inventor or designer. No unit or individual may suppress an inventor or designer's application for a patent for non-service invention-creation. After the application is approved, the inventor or designer shall be the patentee.
Where a non-service invention-creation is jointly completed by two or more inventors and designers, the person who completed the invention-creation is called a * * * co-inventor or a * * * co-designer. * * * The right to apply for a patent for an invention-creation and the patent right obtained shall be owned by * * *.
unit
For service invention-creation, the subject of patent right is the unit where the inventor or designer of the invention-creation belongs. The invention-creation by taking advantage of one's position refers to the invention-creation accomplished by performing the tasks of one's own unit or mainly using the material and technical conditions of one's own unit.
The "units" mentioned here include domestic enterprises of various ownership types and properties, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and wholly foreign-owned enterprises; In terms of labor relations, it includes both fixed work units and temporary work units.
Inventions and creations accomplished by carrying out the tasks of the unit. Include three situations:
(1) Inventions and creations completed in their own work;
(2) Inventions and creations made by completing tasks other than one's own work entrusted by the unit;
(3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the work undertaken by myself in the original unit or the tasks assigned by the original unit.
In the third case, a service invention-creation can only be constituted if two conditions are met at the same time: first, the invention-creation must be made within 1 year after the inventor or designer resigns from the original unit or transfers his job; Two, the invention is related to the work undertaken by the inventor or designer in the original unit or the task assigned by the original unit.
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