What is the standard for judging patent infringement?

Legal analysis: patent right is the exclusive right of the patentee to use his invention and creation, and patent infringement refers to the illegal act of implementing valid patents protected by law for the purpose of production and operation without the permission of the patentee. For the method of determining the infringement of invention patents and utility model patents, the court basically adopts three-step method. That is, to determine the corresponding technical characteristics of the accused infringing products. That is, according to the necessary technical characteristics recorded in the claim, the technical characteristics of the accused infringing product are decomposed accordingly. Determine the scope of protection of patent right. That is, first of all, it is necessary to clarify what the patentee requests to protect. Compare the necessary technical features recorded in the decomposed claims with those of the accused infringing products. The following two situations may occur:

(1) The necessary technical features recorded in the claim are exactly the same as those of the alleged infringing product;

(2) The necessary technical features recorded in the claim are not exactly the same as those of the alleged infringing product.

In the first case, we will assume that the product accused of infringement belongs to the scope of patent protection, and patent infringement is established; In the latter case, we can assume that the characteristics of the accused infringing product are equivalent to the necessary technical characteristics recorded in the claim, and the accused infringing product still belongs to the scope of patent protection, and patent infringement may also be established.

Legal basis: Article 59 of the Patent Law of People's Republic of China (PRC), the scope of protection of the patent right for invention or utility model is subject to the content of the claim, and the content of the claim can be explained by the specification and attached drawings. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.