First, compare the same infringement. The same infringement means that the technical scheme of the alleged infringement contains all the corresponding technical features that are the same as those recorded in a complete technical scheme defined in the claim. When comparing the infringement, we can first decompose the technical characteristics of the patent claim and the technical scheme of the alleged infringement. For example, the technical features of patent claims are decomposed into: a, b, c, d, e; The technical features of the alleged infringing technical scheme are also divided into: A, B, C, D and E; Then it can be judged that the technical scheme accused of infringement constitutes the same infringement of the patent involved.
Second, when the same infringement fails, the equivalent infringement is compared. In judicial practice, more appearance and use are actually equivalent to infringement comparison, because there are few cases where the infringing product is exactly the same as the technical scheme of the patent claim, and the products that are intentionally infringed will be deliberately evaded accordingly, and the probability of unintentional infringement is also very small. Equivalent infringement means that the technical scheme accused of infringement has one or more technical features that are literally different from the corresponding technical features in the claim, but belong to equivalent features.