The principle of universal coverage

Legal analysis: the principle of universal coverage, also known as the principle of covering all technical features or the principle of literal infringement, is the most basic and primary principle to judge patent infringement. The so-called universal coverage principle means that the technical features of the accused infringing product or method (hereinafter collectively referred to as the accused infringer) correspond to and are the same as all the technical features recorded in the claims, and then fall into the protection scope of the patent right; Or the technical features of the object accused of infringement add some other technical features on the basis of all the technical features recorded in the claim, then it can be determined that there is infringement.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

Article 59 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.