What is the same infringement of the patent?

The form of infringement behavior is the manifestation of infringement behavior and is a different classification of infringement behavior based on different standards. This is of great significance for clarifying the liability principles and liability composition of patent infringement behavior and other patent infringement liability issues. What is the same infringement of the patent? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the same infringement of the patent

1. Identical infringement, that is, infringement in the literal sense, refers to the The technical solution sued for infringement contains the same corresponding technical features as all the technical features recorded in the claims.

2. When the technical features recorded in the claims When the features of a higher-level concept are adopted, and the corresponding technical features of the technical solution accused of infringement adopt the features of a corresponding lower-level concept, the technical solution accused of infringement falls within the scope of patent protection.

3. The alleged infringing technical solution contains If new technical features are added to all the technical features in the claims, they will still fall within the scope of patent protection.

However, if the textual expression in the claim has Excluding the added new technical features, the alleged infringing technical solution should not be considered to fall within the protection scope of the claim.

4. For a closed claim on a composition, if the alleged infringing technical solution contains all the technical features in the claim and adds new technical features, it does not fall within the scope of the claim. The scope of patent protection. However, this is excepted when the newly added technical features in the alleged infringing technical solution have no substantial impact on the properties and technical effects of the composition or the features are unavoidable and regular amounts of impurities.

5. For claims containing functional features, if the claim is accused of infringement If the technical solution not only realizes the same function as the feature, but also the structure and steps for realizing the function are the same as those determined by the specific implementation mode recorded in the patent specification, then the alleged infringing technical solution falls within the scope of patent protection. .

6. Inventions that were later patented Or a utility model is an improvement on an earlier invention or utility model patent. If a certain claim of the later patent records all the technical features recorded in a certain claim of the earlier patent, and additional technical features are added, the later patent shall A patent is a dependent patent. Implementation of a dependent patent falls within the protection scope of the prior patent.

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