Judge patent infringement mainly according to the following ways:
(1) Division of technical features: To compare the technical features one by one, it is necessary to divide the technical features of the patent claim and the alleged infringing technical solution, that is, decompose the patent claim or the alleged infringing technical solution into the smallest technical unit that can perform a certain function relatively independently and produce relatively independent technical effects.
(2) Universal coverage principle: This principle is the basic principle to judge whether the technical scheme infringes the patent right of invention or utility model. Specifically, when judging whether the alleged infringing technical scheme belongs to the scope of patent protection, all the technical features recorded in the claim claimed by the obligee should be examined.
(3) Same infringement: According to the principle of universal application, when judging whether the alleged infringing technical scheme infringes the patent right involved, it can be divided into two situations: same infringement and equivalent infringement. Generally speaking, first of all, it is necessary to judge whether the technical scheme accused of infringement constitutes the same infringement, and if not, then judge whether it constitutes the same infringement.
(4) Equivalence infringement: Equivalence principle is an important principle to judge patent infringement. The purpose of extending the scope of patent protection to the part equivalent to the corresponding technical features in the patent claim is to make up for the language limitation of the patent claim and prevent the accused infringer from evading legal responsibility on the grounds that it does not constitute infringement.
More detailed information can provide more accurate legal advice.