Medicine is generally an applied invention patent, and you can find its claim in his published patent literature. As long as the ingredients of your drug completely contain all the technical characteristics of its exclusive rights, it is judged that your drug is infringing.
Patent infringement can be divided into direct infringement and indirect infringement.
1. Direct infringement. This refers to the act of infringing others' patent rights directly implemented by the actor. Its manifestations include:
(1) the act of manufacturing patented invention products without permission;
(two) the use of unauthorized patented invention products;
(three) the act of promising to sell the patented invention products that are not licensed;
(4) the act of selling patented invention products that are not licensed;
(5) the act of importing a patented invention product that is not licensed;
(6) using patented methods and using, promising to sell, selling or importing products directly obtained according to patented methods;
(7) the act of counterfeiting others' patents.
For the purpose of production and operation, using or selling a product that is not known to be patented and manufactured and sold without the permission of the patentee or a product that is directly obtained according to the patented method, which can prove the legal source of the product, is still a patent infringement, and it is necessary to stop the infringement but not bear the liability for compensation.