1. What are the principles for determining patent infringement
1. Determination of patent infringement The principles are: the principle of comprehensive coverage, the principle of equivalence, the principle of illegal punitiveness, the principle of redundant designation, the principle of estoppel, the principle of coexistence of conduct and intention, and other principles for patent infringement determination expressly stipulated in Chinese law.
2. Legal basis:
Article 11 of the Patent Law of the People's Republic of China , after the invention and utility model patent rights are granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, offer for sale, or Selling or importing its patented products, or using its patented methods and using, promising to sell, selling, or importing products directly obtained according to the patented methods. 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, offer for sale, sell, or import its design patented products for production and business purposes.
2. What are the principles of estoppel?
The principle of estoppel is a restriction on the principle of equivalents. During the process of patent application and patent infringement trial, the patentee's interpretation of the claims should be consistent. The patentee cannot make narrow interpretations of the claims in the patent application documents (including correspondence with the patent office) in order to obtain a patent. or a narrower interpretation, and in the subsequent patent infringement litigation process, in order to make the alleged infringement fall within the scope of patent protection, a broad and broader interpretation of the claims will be made. For content that has been promised, recognized or abandoned during the patent application process, the patentee cannot go back on it in subsequent patent infringement lawsuits.
The following points should be noted when applying the principle of estoppel:
(1) When the principle of equivalents conflicts with the principle of estoppel in application , that is, when the patentee claims to apply the principle of equivalents to determine infringement, and the accused infringer claims to apply the principle of estoppel to determine that he does not constitute infringement, the principle of estoppel should be applied first.
(2) The content of estoppel must be the content that has been recorded in the patent document, including all documents and correspondence between the patent applicant and the patent office from the submission of the patent application to the grant of the patent.
(3) The content of estoppel must have a substantial effect on the grant or maintenance of patent rights.
(4) The people's court should not take the initiative to apply the "estoppel principle" because if the party does not claim that the right holder has given up or promised a certain right in the patent application, the court will not know and should not take the initiative to investigate.
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