What are the criteria for determining patent infringement?

What are the criteria for determining patent infringement? If readers encounter such problems in life that cannot be dealt with and need to be solved, you can read the content of this article. The editor of Legal Savior Network will answer the questions for readers below. I hope the following knowledge will be helpful to readers.

What are the criteria for determining patent infringement

1. Literal infringement

That is, the technical characteristics of the infringing product and the necessity of patenting can be determined by simply analyzing and comparing them literally. The technical Features are the same, and even the written expressions of the technical features are the same.

2. Technical characteristics of the infringing article and patent necessity The technical characteristics are exactly the same

The so-called exactly the same means Compared with the technical features of the patent, the technical features of the infringing article are covered by all the necessary technical features claimed in the patent claims. The necessary technical features of each patent can be found in the infringing article.

3. The technical features in the independent claims of the patent use a superordinate concept

The technical features appearing in the infringing goods are specific concepts under the higher concept, and they are also the same technical features.

4. The number of technical features of the infringing article exceeds the necessary technical features of the patent

Compared with the technical features of the patent, the technical features of the infringing article not only include those in the patent claims All necessary technical features, and also added new technical features.

Simply put, as long as what the other party implements falls within the scope of patent protection, it is an infringement.

Patent infringement generally requires the following conditions to be met:

1. The alleged infringement involves a valid Chinese patent.

2. The implementation must be without the permission or authorization of the patentee. If the contract dispute is caused by the authorization of the patentee, It does not fall within the scope of patent infringement.

3 , The implementation must be for the purpose of production and operation. If it is not for production and operation, but for teaching or personal use, it generally does not constitute infringement.

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