What does equivalent substitution mean in determining patent infringement?

A patent is generally a document issued upon application by a government agency or a regional organization representing several countries. The document records the content of the invention and creates a legal status within a certain period of time, that is, the patented invention and creation are in use within a certain period of time. Generally, others can only implement it with the permission of the patentee. So what does equivalent substitution mean in determining patent infringement? Please follow the editor of Legal Savior Network to learn more below.

What is the meaning of equivalent substitution in the determination of patent infringement

China's current "Patent Law" stipulates: "Inventions or utility models The scope of protection of a patent right shall be based on the content of the claims, and the description and drawings may be used to explain the claims.” This provision expresses two meanings. One is that the scope of patent protection shall be based on the content recorded in the claims; Under the above premise, it is allowed to use the description and drawings to make certain amendments to the protection scope of the claims. Such amendments are based on the patentee's specific description of his invention. In addition, there are other ways to adjust the scope of claim protection, among which "equivalent substitution" is an important method.

Equivalent substitution means that the technical solution implemented by the alleged infringer is different from the technical solution protected by the patent claim, but the corresponding technical features implement basically the same functions in basically the same way, resulting in basically the same If the technical solution falls within the protection scope of the patent right, it will still constitute an infringement of the patent right.

When judging patent infringement based on the principle of equivalent substitution, the core The question is to determine whether the difference between the technical solution accused of infringement and the technical solution protected by the patent claim is immaterial; or whether the interchangeability of the two technical solutions isA person of ordinary skill in the art knows whether the effect produced is obvious to a person of ordinary skill in the art.

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