How to determine whether there is infringement in an invention patent application

We know that products invented by people can apply for patents, so that they can receive legal protection. However, infringement incidents often occur in life. So, how to judge the infringement of an invention patent? Below, the editor of Legal Savior Network will explain the relevant content for your reference and study. I hope it will be helpful to everyone.

1. How to determine whether there is infringement in an invention patent application

Invention or utility The scope of protection of a new patent shall be determined by the content of its claims, and the description and drawings may be used to interpret the claims. This provision means that the scope of protection of rights shall be based on the scope determined by the necessary technical features clearly stated in the claims, which of course also includes the scope determined by the same features as the necessary technical features.

The so-called equivalent features refer to the technical features recorded in the claims of the invention patent or utility model patent that are implemented by basically the same means and are basically the same. Function, so as to achieve basically the same effect, and at the same time require features that technicians in the technical field can associate without creative work.

The principle of equivalence in judging infringement of invention patents and utility model patents is based on the methods mentioned above and the claims, descriptions, drawings, etc. content, and a method to determine whether the product sued by the plaintiff constitutes patent infringement. The people's court uses the principle of equivalents to determine whether the product in litigation is infringing in the following ways:

(1) After a simple shift of product parts or a simple change in the sequence of method steps , if a person of ordinary skill in the field of the product or method believes that there is no essential difference between the two and is basically the same as the resulting patented technology, the product can basically be determined to be infringing;

(2) Equivalent replacement. It means that a certain technical feature recorded in the claim also has a corresponding technical feature in the product or method accused of infringement, and the two technical features play basically the same role or effect in the product or method, and Ordinary technicians in the technical field generally know that these two technical features can be interchanged, and the people's court can determine that the product in litigation is infringing;

(3) Decomposition Or incorporate technical features. Decomposition means replacing the claims of the infringed product with two technical features of the allegedly infringing product or method.A certain technical feature recorded; merging means replacing two technical features recorded in the claim of the infringed product with a technical feature of the product or method being sued for infringement. If, after merging or decomposing, the common technical feature in this technical field If technicians are able to achieve the positive effects of patented technology without creative work, the people's court may determine it to be equivalent to infringement.

Article 11 of the Patent Law

Invention and utility model patent rights are granted Subsequently, except as otherwise provided in this Law, 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 method and the use, offer for sale, sale and import of products directly obtained according to the patented method.

2. How to protect your rights if you discover that a patent has been infringed

You can ask the other party to compensate for losses. Ways to safeguard rights:

(1) If a patent infringement causes a dispute, the parties shall negotiate and resolve it;

;">(2) If the negotiation is unwilling or the negotiation fails, the patentee or interested party may bring a lawsuit to the People's Court;

(3) If the negotiation is unwilling Or if negotiation fails, the patentee or interested party may also request the patent management department to handle the matter. The departments that manage patent work refer to the departments that manage patent work established by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and the people's governments of districted cities that have a large workload of patent management and have the actual processing capabilities;

(4) At the request of the parties, the department responsible for managing patent work may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties may file a lawsuit with the People's Court in accordance with the Civil Procedure Law Prosecution;

(5) Complain to the "12312" Intellectual Property Protection Reporting and Complaint Service Center.

We can understand that there are several aspects to determine whether a patent is infringed. If a patent is infringed, you can protect your rights and interests through legal means. I hope Everyone can understand. The above-mentioned relevant contents compiled by the editor of Legal Savior Network are as follows:If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.