1. The patent itself is novel and creative. To judge whether a patent is infringing, it is necessary to compare whether the technical features of the other product completely cover the technical features in the patent independent claim. If the necessary technical features constitute comprehensive coverage, it can be judged whether they constitute infringement. 2. Whether the products or technical solutions involved are within the scope of protection required by the claims. It is necessary to divide the technical features between the patent claim and the accused infringing technical scheme, and then compare the corresponding technical features, so as to judge whether the accused infringing technical scheme constitutes the same infringement on the patent claim. Under certain circumstances, it is necessary to further judge whether the alleged infringing technical scheme constitutes the same infringement on the patent claim. 3. Without the permission of the patentee, manufacturing, using or promising to sell the products involved for the purpose of production and operation. Article 11 of the patent law
Legal objectivity:
Article 47 of the Copyright Law Anyone who commits any of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses: (1) publishing his work without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law; (seven) the use of another person's work, which should be paid but not paid; (8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights and interests.