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How do I file a patent infringement lawsuit?
2020-04-01
Response to Patent Infringement Litigation
2020-04-01
How to understand the principle of equivalence determination in patent infringement?
Release Time：
2020-08-14
The doctrine of equivalents is a legal principle found in national patent systems around the world. Even if a party's infringing product or method does not fall within the literal scope of the claims of a patent, but is equivalent to the invention protected by the claims, the principle of equivalence allows the court to rule that the party infringes the patent of another.
In China, the Supreme People's Court stipulates in the Provisions on Several Issues Concerning the Application of Law to the Trial of Patent Dispute Cases that "the scope of protection of the patent right for an invention or utility model shall be based on the content of its claims, and the specification and accompanying drawings may be used to interpret the claims", which means that the scope of protection of a patent shall be based on the content of the claims. It means that the scope of protection of the patent right shall be based on 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 are those features that achieve essentially the same function and achieve essentially the same effect by essentially the same means as the recorded technical features, and that can be associated by a person of ordinary skill in the art without the need for creative labor. In other words, even if the accused product or method does not constitute infringement from the literal meaning of the claim, it constitutes infringement if the product or method is substantially the same as the technical solution recorded in the claim.
Source: China Intellectual Property Rights Defense Assistance Network
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