The theoretical essence of the principle of equivalents is that patent fraud cannot be committed. This theory comes from the US case of Winans v. Denmead, "in order to alleviate strict logic and prevent infringers from stealing the proceeds of other people's inventions." Equivalence The basic point of the principle is that in a patent infringement lawsuit, a certain technology that is suspected of infringement does not literally fall within the scope of the claim compared with the technology that has been patented, but it has the same characteristics as the patented technology. When the substantially same function is achieved in substantially the same way and the substantially same result is achieved, the technology can be regarded as constituting the patented technology according to the judgment criteria. Homosexual infringement.
The theoretical basis of this principle is that "if two inventions use substantially the same method, perform the same work, and produce the same results, then they are identical, even in name, form or shape It’s different.”
I don’t understand what you mean by the second question