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 as infringement;
2, whether the products or technical solutions involved belong to the scope of protection of this 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.
How to deal with patent infringement
1. Both the patentee and the accused infringer can reach a settlement agreement through consultation or other third-party mediation to resolve the dispute.
2. Administrative investigation. The patentee can report to the Patent Office and other relevant administrative departments when he has preliminary evidence, and the latter will take administrative measures to investigate and verify the infringer's infringement and make a determination on whether it is infringement;
3. When the patentee brings a lawsuit to the court, he may also personally bring a civil lawsuit to the relevant people's court, such as the place where the infringement occurred and the place where the defendant is located, and demand to stop the infringement and compensate the economic losses.
Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC).
The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced.
The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.