The equivalent features of patents are as follows: equivalent features refer to features that can achieve basically the same functions and achieve basically the same effects by the same means as the recorded technical features, and can be associated by ordinary technicians in the field without creative labor. In essence, the principle of equivalence is to expand the protection scope of the patent involved to the part equivalent to the patent claim, thus expanding the protection scope of the patent right. The principle of equivalence refers to the principle of extending the scope of patent protection to the equivalent features of claims, and judging patent infringement accordingly. The purpose is to solve the essential characteristics of patentee's adoption of patented invention, but at the same time, it attempts to evade tort liability through deceptive changes, thus giving patentee fair protection.
legal ground
Article 59 of the Patent Law of People's Republic of China (PRC) Any entity or individual that applies for compulsory license in accordance with the provisions of the first paragraph of Article 53 and Article 56 of this Law shall provide evidence to prove that it requested the patentee to license it to exploit the patent under reasonable conditions, but failed to obtain the license within a reasonable time.