legal ground
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II) Article 5 When determining the scope of patent protection, the technical features recorded in the preface, features, quotations and restrictions of independent claims have a restrictive effect. Article 7 Where other technical features are added to the technical scheme accused of infringement, including all the technical features of the enclosed claim, the people's court shall determine that the technical scheme accused of infringement does not belong to the protection scope of the patent right, except that the added technical features belong to the inevitable conventional impurities. The closed composition claim mentioned in the preceding paragraph generally does not include the Chinese medicine composition claim.