If the patent is a product, the infringement is to manufacture, use, promise to sell, sell or import for the production and business destination; If a patent is a method, the infringement is to use this patented method, or to use, promise to sell, sell or import products obtained by this method for the purpose of production and operation. Design infringement refers to manufacturing, promising to sell, selling and importing products with design patents with production and business destinations as their destinations.
The patent itself is novel and creative.
To judge whether a patent is infringing, it is necessary to compare whether the technical features of the other product completely cover the technical features in the patent independent claim. If the necessary technical features constitute comprehensive coverage, it can be judged as infringement.
Whether the products or technical solutions involved belong to the scope of protection required by the claims.
It is necessary to divide the technical features between the patent claim and the accused infringing technical scheme, and then compare the corresponding technical features, so as to judge whether the accused infringing technical scheme constitutes the same infringement on the patent claim. Under certain circumstances, it is necessary to further judge whether the alleged infringing technical scheme constitutes the same infringement on the patent claim.
Without the permission of the patentee, manufacturing, using or promising to sell the products involved for the purpose of production and operation.
Article 11 of the Patent Law stipulates: "Except as otherwise provided in this Law, after the patent right for invention and utility model is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented product for production and business purposes, nor may it use its patented method and use, promise to sell, sell or import the product directly obtained according to the patented method." Therefore, according to the current patent law, the expression of intention to sell patented products for the purpose of production and operation is also prohibited by law.