What is the principle of judging patent infringement?

What is the principle of judging patent infringement? The principles of judging patent infringement include universal application principle, equivalence principle, estoppel principle and donation principle. 1, universal coverage principle Universal coverage principle is the most basic principle and the first principle to judge patent infringement. The so-called universal coverage principle (also known as the principle of covering all technical features or the principle of literal infringement) means that the technical features of the accused infringing product or method (hereinafter referred to as the accused infringer) correspond to and are the same as all the technical features recorded in the claim, or the technical features of the accused infringer add some other technical features on the basis of all the technical features recorded in the claim, so it can be concluded that there is infringement. Legal basis: Article 17, paragraph 1, of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes (adopted in 200 1 and revised in 20 13 and 20 15 respectively) and Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes. 2. The principle of equivalence originated in the United States, and has been generally recognized by the United States, Europe, Japan, South Korea and other major countries/regions in the world. The principle of equivalence is an important principle in determining patent infringement, and it is also the most widely used principle in determining patent infringement by courts. Some people say that this is a revision of the principle of universal coverage. The so-called equivalence principle means that although the technical features of the object accused of infringement are different from all the necessary technical features recorded in the claims, if this difference is immaterial, the former only realizes the basically same function and achieves the basically same effect by basically the same means as the latter, and ordinary technicians in this field can think that there is an infringement without the characteristics of creative labor, that is, equivalent characteristics. Legal basis: Article 59 of the Patent Law of People's Republic of China (PRC) (revised in 2008); Article 17 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases; Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes. 3. The estoppel principle originated from the equity law in England, and was gradually absorbed by the common law, which became an important principle that the parties should follow in the adversarial legal proceedings such as litigation. The broad interpretation principle of estoppel means that inconsistent and different interpretations are not allowed to be made to the technical scheme from the date of publication, whether in the process of establishing rights or in the rights protection and infringement litigation after the establishment of rights. The narrow interpretation of estoppel principle refers to the patentee's commitment to limit the scope of protection of patent claims or partially give up protection through written statement or modification of patent documents in the process of patent examination and approval, revocation or invalidation, so as to obtain the patent right. In patent infringement litigation, when applying the principle of equivalence to determine the scope of patent protection, the court should prohibit the patentee from reintroducing the content that has been restricted, excluded or abandoned into the scope of patent protection. Legal basis: Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes, which was implemented on June 0, 20/KLOC-0+1year: If the patent applicant or patentee abandons the technical scheme by modifying the patent claim or specification or opinion statement in the patent authorization or invalidation procedure, it will be included in the scope of patent protection in the patent infringement dispute case, the people's court will not grant it to the obligee. 4. The principle of donation The United States was the first country to apply the principle of donation. In the classic case "Miller v. Brass Company" heard by the Supreme Court of the United States 188 1, the patentee disclosed the structure of two lamps in the specification, but only requested to protect one of them. After more than ten years, the patentee found that another structure was better, so he wanted to seek protection for this structure through the reissue procedure. The United States Supreme Court did not support the patentee's request. The court pointed out in the judgment that "if a device needs protection, but other devices that are obvious from the patent surface don't need protection, from a legal point of view, those that don't need protection will be donated to the public unless they request re-release in time and prove that other devices don't request protection because of negligence, accident or error." Legal basis: Article 5, 438+00 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes, which came into effect on October 65, 2065: The people's court will not support the technical scheme that is only recorded in the specification or drawings, but not in the claims. When trying patent infringement cases, the staff in China will still analyze the infringement behavior and constitutive requirements. Of course, this does not conflict with the principle of judging patent infringement. In some complicated patent infringement cases, once the lawsuit between the original defendant and the defendant begins, it may be tried around these principles, so the delay will be longer.