How is a utility model patent considered infringement?

To determine whether a patent is infringed, it is necessary to compare whether the technical features of the other party's product fully cover the technical features in the independent claims of the patent. If the necessary technical features constitute comprehensive coverage, it can be determined to constitute infringement. Regarding the question of how to calculate utility model patent infringement, the editor of Legal Savior Network will give you a detailed answer below.

1. How to calculate utility model patent infringement

1. Determine whether the patent is infringement Infringement requires a comparison of whether the technical features of the other party's product fully cover the technical features in the independent claims of the patent. If the necessary technical features constitute comprehensive coverage, it can be determined to constitute infringement.

2. Legal basis: According to Article 11 of the "Patent Law of the People's Republic of China", after the patent rights for inventions and utility models are granted, in addition to the provisions of this Law, Unless otherwise specified, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell or import its patented products for production and business purposes, or use its patented methods and use, Commitment to sell, sell, and import products directly obtained according to the patented method.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture or sell products for production and business purposes. Commit to sell, sell and import its patented design products.

2. Steps to determine design patent infringement

Determine whether the design patent product and the infringing product are the same or similar products. Usually the function and use of the product are used as the standard, and the classification of relevant goods in the International Design Classification Table (i.e. the Locarno Treaty) is referred to. If the design patented product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods. If the two products are not identical in terms of functions and uses, it can be determined that they are neither the same product nor similar products, and therefore patent infringement is not established.

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