1. A company owns an invention patent for automobile dashboard, and the necessary technical features recorded in its claim can be decomposed into three items: A+B+C * * *, and the patented technical features recorded in the specification are four items: a+b+c+d * * * *. Company B produces four kinds of dashboard, and its necessary technical characteristics can be divided into four kinds. The necessary technical features of Company A and Company B represent the same letters, indicating that their corresponding necessary technical features are the same or equivalent. The technology of Company B infringes the patent of Company A;
A.b+c+d
B.a+b+c
C.a+b+d+e
D.a+b+c+d+e
Reference answer
1, the principle of universal coverage; Scope of protection of patent law
difficulty
Answer BD
Analysis: Article 59 1 of the Patent Law stipulates? The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to illustrate the contents of the claims? .
Therefore, the patent protection scope of Company A should be based on the technical features a+b+c recorded in the claims. In addition, according to the requirement of universal coverage principle, as long as all the technical characteristics of the prior patent are included, it constitutes infringement. Items A and C do not contain all technical features, and do not constitute infringement of the patent of Company A. Two mistakes, A and C, were not elected. B and d are correct and elected.
Therefore, this question chooses BD.