How to identify patents Infringement
Constituting patent infringement The requirements include two aspects: formal conditions and substantive conditions.
The main formal requirements are:
1) The implementation involves a valid Chinese patent;
2) The implementation must be without patent rights With the permission or authorization of the person;
3) Perform the act It must be for production and business purposes. Whether the perpetrator has subjective intention is not a formal requirement. However, it can be used as a basis to measure the severity of the circumstances.
The essential elements that constitute patent infringement are technical conditions and whether the actual implementation falls within the scope of patent protection. If the technical features involved by the actor fall within the scope of patent protection, then the actor has committed patent infringement. There are mainly the following forms of expression:
1) If the technical features involved by the actor are all the same as those of the patent, it constitutes infringement;
2) The perpetrator’s technical features are more than those of the patent, which also constitutes infringement;
3) The technical features involved by the perpetrator are the same as or different from those of the patent. However, the different technical features are the same as those of the patent. If the technical features of the patent are equivalent, it still constitutes infringement; otherwise, it does not constitute infringement. The equivalence of technical features here means that ordinary technicians in the technical field can infer that the effect produced by replacing two technical features with each other is the same.
If there are problems that need to be communicated and resolved, if the content is If you are not sure and want to know more, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.
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