1, principle of universal coverage. Comprehensive coverage means that the accused infringer (product or method) reproduces all the necessary technical features of the technical scheme recorded in the patent claim, and the accused infringer (product or method) corresponds to and is the same as all the necessary technical features recorded in the patent independent claim. The principle of universal application is one of the most basic principles for judging patent infringement. 2. The principle of reciprocity. The concept of "equivalence principle" refers to basically achieving the same function and effect by basically the same means, and technicians in this field can associate the characteristics of infringement by reading the specification, drawings and claims without creative work. 3. The principle of estoppel. The principle of estoppel is a restriction on the principle of equivalence, which means that the patentee should interpret the claims consistently in the process of patent application and patent infringement trial. The patentee cannot interpret the claims in the patent application documents (including letters with the Patent Office) in a narrow or narrow sense in order to obtain a patent, but in the later patent infringement litigation, in order to make the accused infringing object fall into the scope of patent protection, the patentee can interpret the claims in a broad and narrow sense. For the content that has been promised, recognized or abandoned in the process of patent application, the patentee cannot go back on his word in the subsequent patent infringement litigation. 4. The principle of preemptive right The principle of preemptive right, namely the right of defense, comes from the principle of fairness of law. Provisions on the Applicable Law in the Trial of Patent Disputes Article 17 Patent Law Article 59 Patent Law Article 69 the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes Article 7.
Legal objectivity:
Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.