Patent infringement refers to the behavior of the actor who violates the provisions of the patent law and exploits his patent without the permission of the patentee. "Implementation" refers to manufacturing, using, promising to sell, selling and importing patented products or using patented methods, and using, promising to sell and selling products directly obtained by importing patented methods. The scope of protection of the patent right shall be subject to the claims recorded in the claims, and the description may explain the claims. The technical scheme in the patent right protected by the patent law is a combination of technical features described in the patent right. If the invention is based on the prior art, the claim must contain the prior art.. The patent law protects neither the distinguishing features nor the prior art, but the complete scheme composed of the prior art and the distinguishing features contained in the claims. Therefore, when comparing the facts of alleged infringement, we should take the whole claim as the comparison object, rather than study the similarities and differences between the two from the different characteristics of the claim.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.