What are the basic methods to judge patent infringement?

What are the basic methods to judge patent infringement? At present, we can see that many people have patent rights, and patent rights are generally the rights that patents can obtain after passing through the Intellectual Property Office. The patentee obtains his own rights according to law, and may also exercise his rights in accordance with the corresponding regulations. Let me introduce you to the knowledge of patent infringement judgment. What are the basic methods to judge patent infringement? Generally speaking, when judging patent infringement, the following main principles should be applied: 1. Universal coverage principle is the most basic principle and the first principle to judge patent infringement. 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 coverage, that is, the principle of covering all technical features or the principle of literal infringement. 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. That is, if the technical characteristics of the accused infringing product cover all the necessary technical characteristics of the infringed patented technology, the infringement can be established and the infringer needs to bear the tort liability. On the other hand, if the necessary technical features of the object accused of infringement do not completely cover all the necessary technical features of the object accused of infringement, that is, one or more of the necessary technical features of the object accused of infringement are lacking compared with the patented technical features, the infringement is not established. Second, the principle of equivalence The principle of equivalence is an important principle in judging patent infringement, and it is also the principle most used by courts in judging patent infringement. It means that one or more technical features of the accused infringing object (product or method) are literally different from those protected by the patent independent claim, but they can be identified as the same technical features after analysis. In this case, it should be considered that the object (product or method) accused of infringement belongs to the scope of patent protection. The principle of equivalence cannot be applied mechanically, especially in the following two cases: 1. Free existing technology, also known as known technology. In the public domain, anyone has the right to use known technology for free. It cannot be considered that the use of well-known technology will cause equivalent infringement on others' patents. 2. In the patent application, the matters that the patentee intends to exclude, that is, the principle of estoppel, should be applied first. In the above two cases, if the principle of equivalence is applied, it will cause excessive protection to the obligee. It will bring unexpected adverse consequences to the public and damage the stability of the law. This completely violates the original intention of the principle of reciprocity. What are the basic methods to judge patent infringement? We are here to answer this question for you. If you want to apply for patent infringement judgment, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.