Identification of invention patent infringement

Legal analysis: Generally speaking, whether an invention patent constitutes infringement can be judged from the following three aspects: 1, technical feature comparison method. Determine whether the alleged infringing technical scheme is within the scope of patent protection; 2. Whether the technical scheme of the alleged infringement is the same as or equivalent to all the technical features of the claim; 3. When judging infringement, it is impossible to directly compare the patented product with the accused infringing technology.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 59 A unit or individual that applies for compulsory license in accordance with the provisions of Article 53, paragraph 1 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.

Article 60 The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it.

The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.