Patent treatment of fan

For the patent right of invention and utility model, the criterion is to see whether the technical characteristics of the object (product or method) accused of infringement belong to the scope of patent protection, and if so, it constitutes infringement. The method of judgment is to compare the technical characteristics of the alleged infringement with the protection scope of the patent right, and the specific methods are as follows:

1, to determine the protection scope of the patent right. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the claim. When interpreting the claims, the technical content recorded in the claims shall prevail, not the words or wording of the claims.

2. According to the principle of universal application, all the technical features of the accused infringer (product or method) are compared with all the technical features of the technical scheme recorded in the patent claim one by one, 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, which constitutes infringement. There are four specific situations:

A), including-the technical features of the alleged infringement include all the necessary technical features recorded in the claim;

B) The upper concept covers the lower concept-the necessary technical features recorded in the independent patent claim adopt the upper concept, and the accused infringer is the lower concept;

C) Addition-the accused infringer has added new technical features on the basis of using all the necessary technical features in the claim;

D) Dependent patent-The accused infringer improved the patented technology and obtained the patent right, which belongs to the dependent patent and was implemented without the permission of the patentee.

3. According to the principle of equivalence, compare the technical features of the accused infringer with those in the claim. Even if they are not the same literally, after analysis, we can conclude that they are the same, that is, they achieve basically the same function and produce basically the same effect by the same means, or the technical characteristics of the accused infringer are the technical characteristics that ordinary technicians in the field to which this patent belongs can associate without creative labor. In this case, it should be considered that the alleged infringement belongs to the scope of patent protection.