What is the criterion for determining patent infringement
The determination of patent infringement follows the principle of equivalents. The determination criterion of the principle of equivalents is The "three consistency of manner, function and effect" means that when comparing the patented invention and the alleged infringement, whether the necessary technology is "basically the same way, obtains the basically the same function, and produces the basically the same effect" is used to determine whether it constitutes The basis for infringement (also known as the three basic principles).
In practice, the effect caused by the substitution of equivalents is different, and may be better or worse than the patent, but as long as the changes are within the scope of achieving the purpose of the invention, they should fall within the basically the same scope of the principle of equivalents. In practice, there are some improved inventions. If the purpose of the invention cannot be achieved due to the improved invention, or the technical means have undergone fundamental changes, it does not constitute patent infringement. The evolution of the rules of equivalents in determining infringement: In terms of the evolution of the comparison method for determining patent infringement, the principle of all technical features of the invention patent is used to determine whether the infringement is established, that is, each technical feature of an independent claim either appears in the same way in the accused. The object of the alleged infringement must either appear in a similar manner in the object of the alleged infringement, and one of the two must be satisfied, otherwise the infringement cannot be determined.
In subsequent judicial decisions, all technical features were Instead of the overall equivalent rule, the application of the overall equivalent rule has significantly strengthened the protection of patent rights.However, the overly broad interpretation of the claims increased the uncertainty in the application of the principle of equivalents and affected the public interest. Then the "one-to-one correspondence of features" standard emerged, and there was a major change in the comparison method. "Comparative method" is used to determine infringement to balance the patentee and public interests. This method extends the scope of patent protection from the literal meaning to all equivalents corresponding to the claims, excluding irrelevant substitutions and simple copying. , the standard for equivalent substitution is whether the alleged infringing article obtains substantially the same functions and exerts substantially the same effects in substantially the same way, and the similarity of this "means, function, and effect" has a significant impact on ordinary people in the same field. It is obvious to technicians. In this case, it can be determined that patent infringement has been established.
From the above we know that patent rights are a kind of Rights that are more likely to be infringed include personal rights and property rights, and we also have a certain understanding of the criteria for determining patent infringement. The above is the relevant information compiled by the editor of Legal Savior Network for you. I hope it can answer your questions. If your problem is more complex, Legal Savior Network also provides online lawyers to serve you. You are welcome to come for consultation.
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