The people's court shall examine all the technical features recorded in the claim when judging whether the alleged infringing technical scheme belongs to the scope of patent protection.
If the technical scheme accused of infringement contains the same or equivalent technical features as all the technical features recorded in the right claim, the people's court shall determine that it belongs to the protection scope of the patent right; If the technical features of the technical scheme accused of infringement lack more than one technical feature recorded in the claim compared with all the technical features recorded in the claim, or more than one technical feature is different or the same, the people's court shall determine that it does not belong to the protection scope of the patent right.
Legal basis:
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes.
Article 5? In the case of patent infringement disputes, the people's court will not support the technical scheme described in the specification or drawings but not recorded in the claim.
Article 7 The people's court shall examine all the technical features recorded in the patent claim when judging whether the alleged infringing technical scheme belongs to the scope of patent protection.
If the technical scheme accused of infringement contains the same or equivalent technical features as all the technical features recorded in the right claim, the people's court shall determine that it belongs to the protection scope of the patent right; If the technical features of the technical scheme accused of infringement lack more than one technical feature recorded in the claim compared with all the technical features recorded in the claim, or more than one technical feature is different or the same, the people's court shall determine that it does not belong to the protection scope of the patent right.
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 17 The term "the scope of protection of the patent right for invention or utility model is subject to the contents of the claims, and the description and drawings can be used to interpret the claims" in the first paragraph of Article 56 of the Patent Law means that the scope of protection of the patent right is subject to the scope determined by the necessary technical features clearly recorded in the claims, including the scope determined by the features equivalent to the necessary technical features.
Equivalent features refer to features that basically achieve the same functions and effects as the recorded technical features by basically the same means, and can be associated by ordinary technicians in the field without creative labor.
patent law of the people's republic of china
Article 59 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims.
The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
Article 69 Any of the following circumstances shall not be regarded as infringement of the patent right:
(1) The patentee or a unit or individual licensed by the patentee uses, promises to sell, sells or imports its patented products or products directly obtained by patented methods;
(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;
(3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity;
(four) the use of relevant patents for scientific research and experiments;
(5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.