Is it infringement to copy other people's patent claims?

1, it depends. First of all, we must understand that patents are passive protection. If someone accuses you of infringement, you will be sentenced or even found to be infringing. If patent infringement is difficult to confirm, it is inseparable from subjective judgment. But if it involves the contents of the claims, it is likely to constitute infringement.

2. According to Article 59 of the Patent Law, the scope of protection of the patent right for invention or utility model shall be subject to the content of its claim.

Therefore, the claim is the only basis for us to determine the scope of patent protection. According to the provisions of Article 21 of the Detailed Rules for the Implementation of the Patent Law, patent claims shall have independent claims or subordinate claims. The so-called independent claim refers to the technical scheme that reflects the invention or utility model as a whole and records the necessary technical features to realize the purpose of the invention or utility model.

However, judging patent infringement is not the same as judging contract breach, and the contract has corresponding contract terms, which is more operable. However, judging patent infringement needs to be compared with the claims. The accused product scheme is inconsistent with the claim in many cases, and the degree of inconsistency constitutes infringement, and the degree of inconsistency does not constitute infringement. The judging principles implemented in China include the principle of universal coverage and the principle of equivalence.

So whether it constitutes infringement depends on the interpretation of the content book of rights.