What should the defendant use to compare patent infringement and how to identify whether there is infringement?

If an invention patent or other type of patent is infringed by others, the patent owner can take up legal weapons to protect himself and defend his patent rights. If the defendant has patent infringement, what should he use to compare the infringement? How to tell if there is any infringement? People who have not learned about patent infringement and rights protection will definitely ask. The editor of Legal Savior Network will tell you in detail about patent infringement and rights protection.

What does the defendant use to compare the infringement of patent infringement, and how to identify the infringement? No infringement

Notified of alleged infringement For the patent rights of others, the analysis is divided into three steps: first, confirm which type of patent it is, secondly, find out the content of the alleged infringement and compare it, and thirdly, according to what principles, determine whether the patent rights are infringed.

Appearance design, as the name suggests, refers to the visual look and feel , what you see and feel about the appearance of an object. When we select several products in a dazzling shopping mall, and their prices and functions are similar, the first choice is which one has a more beautiful appearance. The factors we consider are nothing more than the shape, pattern, and color of the item. It's the so-called exterior design.

Invention refers to the structure, production process, and formula of items Etc., if design means aesthetic appearance, then invention means internal correlation. For example, what are the components of the machine and equipment, and what is the assembly relationship between the components? What are the components of pharmaceutical and food formulas, and what is the proportion of each component? What are the steps in the production process and what are the parameters of each step? These contents all fall within the scope of applicable inventions.

The scope of a utility model is smaller than that of an invention. Except for the production process and formula in the invention, which cannot apply for a utility model, the rest of the structure of items can apply for a utility model. For example, daily necessities, household appliances, and office supplies , production equipment, assembly lines, circuit structures, electronic control systems and other item structures.

From the above explanation, it can be seen that inventions and utility models can be classified into one category in the determination of patent infringement. Therefore, the patents mentioned below only refer to inventions and utility models, and designs are not included in this category.

Next, find out what the alleged infringement is and what it is Comparison?

The so-called patent infringement refers to What is infringed? In other words, what does the patent protect? What the patent protects is the so-called protection scope of the patent right.

Look at the "Russian Dolls" first. The hollow wooden dolls are nested inside one another. Open the first doll and you will see the second doll inside, and then open it again and you will see the third doll. ,…….

The protection scope of the patent right is written In the claims, assume a simpler situation: there are three claims written in the claims: claim 1, claim 2 and claim 3, each claim only describes one solution.

First Doll - Claim 1 (describing a hollow wooden doll ).

Second doll - claim 2 (describes a hollow wooden doll equipped with a player that can play music).

Third doll - claim 3( It is described that in addition to the player, the hollow wooden doll is also equipped with a small motor, allowing the hollow wooden doll to spin and dance while playing music).

By analogy, claims 1, 2, 3. ..., from front to back, the scope of protection of claim 1 is equivalent to the first doll, which has the largest hollow; the scope of protection of claim 2 is equivalent to the second doll, whose hollow is the second The scope of protection of claim 3 is equivalent to that of the third doll, and its hollowness is second.

From "Russian Doll" it can be concluded that the right Claim 1 has the largest scope of protection. When determining infringement, claim 1 is usually compared with the alleged infringing object or act. Pay special attention to the fact that it is not compared with the actual manufactured patented product or actual production process.

Next, what principles should be used to identify whether Patent infringement?

The principle of comprehensive coverage should be used when identifying, and it will be Compare the alleged infringement with Claim 1:

(1) Infringement of patent rights

If the alleged infringement contains all the same content (necessary technical features) in claim 1, it falls within the rights Within the scope of protection of claim 1, the alleged infringing article and the alleged infringing act infringe this patent right.

Pursuing one step further, if the alleged infringement contains all the equivalent content (necessary technical features) in claim 1, it also falls within the protection scope of claim 1 and infringes the This patent right.

(2) No infringement Patent rights

If the alleged infringement and claims Comparing with all the contents recorded in claim 1: If more than one of the contents (necessary technical features) recorded in claim 1 is missing, or more than one of the contents (necessary technical features) are not the same or equivalent, the accused infringement does not fall within the rights. The protection scope of requirement 1 does not infringe this patent.

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