What is patent infringement and how to identify infringing patents?

First of all, if the work of the accused infringer belongs to the existing technology or design and has every feature, it constitutes infringement; Secondly, the work of the accused infringer does not have the characteristics of patent, but it has the characteristics of equivalent substitute, which constitutes infringement; Finally, if the patentee has given up the technical content requested for protection in the patent application documents or in writing to the Patent Office, and repented in the subsequent charges, the court will not support it.

legal ground

Article 66 of the patent law

Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.

Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.

Article 67

In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.