Patent infringement refers to the behavior of an actor who violates the provisions of the patent law and implements his patent without the permission of the patentee. "Implementation" means manufacturing, using, offering for sale, selling and importing patented products or using patented methods, as well as using, offering for sale, selling and importing products directly obtained according to the patented method.
The scope of protection of patent rights shall be based on the claims recorded in the claims, and the description may explain the claims. The technical solution in the patent right protected by the patent law is the combination of technical features described in the right document. If an invention is made on the basis of existing technology, its claims must include the prior art. What is protected by the patent law is neither the distinguishing feature nor the prior art, but the features included in the claim. A complete solution combining existing technologies and distinguishing features. Therefore, when comparing the facts of alleged infringement, the entire claim should be used as the object of comparison, rather than just comparing the distinguishing features of the claims to study the similarities and differences between the two.
To determine infringement, the following steps are generally followed for feature analysis:
(1) Analyze the technical features of the solution accused of infringement and compare them with the features of the independent claims in the patent solution Make a comparison and check whether all the technical features in the independent claims are included in the alleged infringement plan;
(2) Compare whether all the technical features that are the same as the independent claims mentioned above are the same as the independent claims of the patent. The solution has the same function or form, and whether the mutual relationships between all features are the same;
(3) Determine whether the effects produced by the combination of all features according to this relationship are the same.
If the above conclusions are affirmative, it constitutes infringement.
The following acts constitute an infringement of patent rights, except for the circumstances stipulated in Article 63 of the Patent Law of the People's Republic of China:
(1) Infringement The product is the same as the patented product or the product produced by the patented method, and the infringing product only changes the appearance of the product;
(2) In the patented method, only the order of individual steps is changed, but the result is the same;
(3) The results are the same, but the structure is simply transformed or rearranged;
(4) The results are the same, but the protected rights are Add one or several unimportant components to the required features, etc.
For design patents, the scope of protection of the patent rights shall be based on the content recorded in the photos or pictures of the design products submitted when applying for the design patent.