In patent infringement litigation, how to divide the technical characteristics of the claimed claim?

A: The technical feature should be the smallest technical unit that can perform a certain technical function relatively independently and produce relatively independent technical effects. This technical unit is generally the components of the product and/or the connection relationship between components. So the technical characteristics of the problem can be considered as follows: 1. Heater body, 2. Heater, 3. The first top cover, 4. Position relation of the first top cover above the heater, 5. The first top cover has a cooling water cavity 6. Cooling water cavity subsidence, 7. The cooling water cavity is used to contain cooling water 8. The second top cover is located above the first top cover.

Based on:

1, the Patent Examination Guide stipulates that technical features can be the constituent elements of the technical scheme of an invention or utility model, or the relationship between the elements.

2. Article 8 of the Guide to Determining Patent Infringement (20 17 Edition) published by Beijing Higher People's Court stipulates that technical features refer to the smallest technical unit that can perform certain technical functions and produce relatively independent technical effects in the technical scheme defined in the claim. In the product technical scheme, the technical unit is generally the components of the product and/or the connection relationship between components.

3. According to the second paragraph of Article 17 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases, the equivalent feature refers to the feature that basically achieves the same function and effect by basically the same means as the recorded technical features, and can be associated by ordinary technicians in this field without creative labor when the alleged infringement occurs.