Extension:
The principle of the general coverage rule of patent right is to compare the technical characteristics of the alleged infringing technical scheme with those of the patent. As long as the technical features of the technical scheme accused of infringement include all the technical features in the claim, it is deemed to fall within the protection scope of the patent right.
Decision principle:
1, the principle of universal coverage
Comprehensive coverage means that the accused infringer (product or method) reproduces all the necessary technical features of the technical scheme recorded in the patent claim, and the accused infringer (product or method) corresponds to and is the same as all the necessary technical features recorded in the patent independent claim. The principle of universal application is one of the most basic principles for judging patent infringement. Mainly includes the following forms:
Text infringement:
Also known as all technical features coverage, that is, if the technical features of the object (product or method) accused of infringement include all the necessary technical features recorded in the claim, it belongs to the protection scope of the patent right.
Violation of the concept of superiority:
When the necessary technical features recorded in the patent claim adopt the upper conceptual features and the accused infringer (product or method) adopts the corresponding lower conceptual features, the accused infringer (product or method) falls into the protection scope of the patent right.
Infringement characteristic quantity:
If the object (product or method) accused of infringement adds new technical features on the basis of using all the necessary technical features in the patent claim, it still belongs to the protection scope of the patent right. At this time, whether the technical effect of the accused infringing object (product or method) is the same as the patented technology is not considered.
Infringement of subordinate patents:
The object (product or method) accused of infringement is an improved technical scheme of the existing patented technology, and has obtained the patent right, so it belongs to the subordinate patent. Without the permission of the prior patentee, the implementation of the subordinate patent also covers the protection scope of the prior patent.