How to determine the equivalent protection scope of patent?

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (effective from 20 10.5438+0.00).

Article 7 The people's court shall examine all the technical features recorded in the patent claim when judging whether the alleged infringing technical scheme belongs to the scope of patent protection.

If the technical scheme accused of infringement contains the same or equivalent technical features as all the technical features recorded in the right claim, the people's court shall determine that it belongs to the protection scope of the patent right; If the technical features of the technical scheme accused of infringement lack more than one technical feature recorded in the claim compared with all the technical features recorded in the claim, or more than one technical feature is different or the same, the people's court shall determine that it does not belong to the protection scope of the patent right.

Article 8 Where a design identical with or similar to an authorized design is used on a product identical with or similar to a patented design product, the people's court shall determine that the alleged infringing design belongs to the protection scope of the design patent right stipulated in the second paragraph of Article 59 of the Patent Law.

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