1 is relatively infringing. Comparing the characteristics of patent application with those made by the defendant who infringed the patent one by one, we can see how many characteristics are the same. If almost the same is found through judgment, it goes without saying that it must be patent infringement, but if only a few parts are similar through comparison, it does not constitute patent infringement;
2. It is the same infringement. The same infringement means that the technical features written on the infringed patent are exactly the same as those written on the patent infringed by the defendant, or all the technical features in the infringed patent infringe the patent right of others;
3. It is equivalent to infringement. Equivalent infringement is a step that needs to be carried out on the basis of comparing the infringement and the same infringement. Equivalent infringement refers to using other people's patents to do similar things in the same way. Nothing is realized by your own brain. Through these three judgments on patent infringement, we can generally have a very clear standard on whether a patent is infringing. Patents are hard-earned by others. We can't just steal the fruits of other people's labor, which is disrespectful to others and will make us feel guilty. If we really need a patent, we should ask the patentee how to use it instead of stealing it directly.
Legal basis: Article 11 of the Patent Law of People's Republic of China (PRC).
After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.