Determine the scope of trial of disputes over non-infringement of patent rights

In a dispute case confirming that there is no infringement of the patent right of invention or utility model, the people's court shall require the patentee to clarify the specific claim advocated by his infringement warning; Where the patentee claims multiple claims, the people's court shall, in principle, try whether the technical scheme implemented by the plaintiff falls within the protection scope of each claim. If the plaintiff requests confirmation that the patent right involved is not infringed on the grounds of implementing the existing technology, the people's court shall also try whether the disputed technical scheme belongs to the existing technology.