How to judge the patent infringement of invention and utility model?

How to judge the patent infringement of invention and utility model? (3) Infringement of an invention patent or utility model patent that is equivalent to infringement requires a certain judgment standard. If the judgment standard is not reached, it cannot be regarded as infringement. So how to judge the invention and utility model patent infringement? What are the main methods? How to judge the patent infringement of invention and utility model (1) technical characteristics comparison method 1. To judge whether the alleged infringing technical scheme belongs to the scope of patent protection, all technical features recorded in the patent claim shall be examined, and all technical features recorded in the patent claim shall be compared with all technical features corresponding to the alleged infringing technical scheme one by one. 2. If the technical scheme accused of infringement contains the same or equivalent technical features as all the technical features recorded in the claim, it shall be regarded as falling within the scope of patent protection; Compared with all the technical features recorded in the claim, the technical features of the technical scheme accused of infringement lack one or more technical features recorded in the claim, or one or more technical features are not the same or equivalent, which shall be deemed as not belonging to the scope of patent protection. 3. When judging the infringement, we should not directly compare the patented product with the technical scheme accused of infringement, but we can use the patented product to help us understand the relevant technical characteristics and technical scheme. 4. When both the obligee and the alleged infringer have patent rights, it is generally impossible to compare the patented products or patent claims of both parties. 5, product invention or utility model patent infringement judgment comparison, generally do not consider whether the technical scheme of the alleged infringement and the patented technology belong to the same technical field. (2) the same tort 6. The same infringement, that is, the literal infringement, means that the technical scheme of the alleged infringement contains the same corresponding technical features as all the technical features recorded in the claim. 7. When the technical features recorded in the claim adopt the upper conceptual features and the corresponding technical features of the alleged infringing technical scheme adopt the corresponding lower conceptual features, the alleged infringing technical scheme belongs to the scope of patent protection. 8. Where the technical scheme of alleged infringement includes all the technical features in the claim and adds new technical features, it still belongs to the scope of patent protection. However, if the written expression in the claim has excluded the added new technical features, it should not be considered that the alleged infringing technical scheme falls within the protection scope of the claim. 9. For the closed-end claim of components, if the alleged infringing technical scheme adds new technical features on the basis of all technical features in the claim, it does not belong to the scope of patent protection. However, the newly added technical features in the technical scheme of alleged infringement have no substantial influence on the performance and technical effect of the composition, or the features belong to inevitable conventional impurities. 10. For a claim with functional features, if the technical scheme of alleged infringement not only realizes the same function as the feature, but also the structure and steps to realize the function are the same as those determined in the specific implementation recorded in the patent specification, then the technical scheme of alleged infringement belongs to the scope of patent protection. 1 1. The invention or utility model for which a patent is applied later is an improvement on the earlier invention or utility model patent. If the claim of the latter patent records all the technical features recorded in the claim of the previous patent and adds other technical features, the latter patent belongs to the subordinate patent. The implementation of subordinate patent belongs to the protection scope of prior patent. The following situations belong to subordinate patents: (1) The latter product claim adds new technical features on the basis of including all the technical features of the previous product claim; (2) On the basis of the original product patent claim, new uses that have not been discovered before have been discovered; (3) On the basis of the original method patent claim, new technical features are added.