Patent infringement under the principle of universal coverage

Legal analysis: principle of universal coverage of patent infringement means that if the accused object or method is infringed, then the product or method should have every feature described in the patent claim and be indispensable. When judging patent infringement, the principle of universal coverage should be applied first. In the following cases, it is considered that the defendant has completely covered the patent claim: 1, which is a literal infringement, that is, through literal analysis and comparison, it can be concluded that the technical characteristics of the defendant are the same as the necessary characteristics of this patent; 2, as long as the defendant has all the characteristics of the patent claim is infringement.

Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).