1. Principles for determining patent infringement
1. Principle of comprehensive coverage;
2. Principle of equivalence;
3. Principle of estoppel.
According to the provisions of Article 64 of the Patent Law, the scope of protection of an invention or utility model patent shall be based on the content of its claims, the description and The drawings may be used to explain the content of the claims.
The scope of protection of Design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
Legal basis:
Article 64 of the Patent Law
The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
2. Criteria for Judgment of Patent Infringement
1. The technical solution or design of the allegedly infringing product falls within the scope of patent protection of others;
2 , using other people’s patents without the permission or authorization of the patentee;
3. For the purpose of production and business;
4. Does not meet the exemption conditions.
According to the provisions of Article 11 of the "Patent Law", after the invention and utility model patent rights are granted, except as otherwise provided for in this law, any unit Without the permission of the patentee, individuals are not allowed to exploit their patents, that is, they are not allowed to manufacture, use, offer for sale, sell, or import their patented products for production and business purposes, or use their patented methods, or use, offer for sale, sell, or import in accordance with Products obtained directly from this 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.
Legal basis:
Article 11 of the Patent Law
After an invention or utility model patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, except as otherwise provided in this Law. Manufacture, use, offer for sale, sell, and import its patented products for production and business purposes, or use its patented method and use, offer for sale, 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.
