If the claims of patent A are the same as those of patent B, what should be done?

This needs to be analyzed in conjunction with the specific content of the patent.

1. If the exclusive rights are exactly the same, it means that the two patents are essentially protecting the same thing, and it should only be the patent that has been applied for before has the patent right. In this case, it may be due to the examination system, for example, the content of a utility model patent is the same as that of other patents, and the utility model is also granted without substantive examination. In this case, the earlier patent can be invalidated by the later patent, and if the later patent has the same other features as the earlier patent, then the later patent will be invalidated, which is equivalent to non-existence.

If the other features of the later patent are different from the earlier one, then the later patent can modify the sovereignty to make it different, and then have the patent right.

2. If the dependent claims are the same, it depends on whether the sole right is the same, and if the independent right is different, the subordinate right can be completely the same, which is not a problem. Because all the characteristics of a subordinate right are: the characteristics of the rights quoted + the characteristics of the subordinates.

First, if there is an identical technical solution, it does not comply with the principle of non-duplicate grant under Article 9 of the Patent Law, and the claims after the filing date may be declared invalid (at least partially invalid).

Is it the same substance or the same text? Be specific.

The claims of a patent right are stipulated in the Patent Law and its implementing rules, and the substantive requirements for the drafting of the claims are: the claims are based on the description; Clearly and concisely state the scope of the requested protection. For one of the rights of intellectual property rights, the patent right, the scope and method of exercising the right need to be explained in the claims.

According to China's regulations, the claims are the application documents that must be submitted to apply for invention patents and utility model patents. It is the content of the invention or utility model patent that claims protection, has direct legal effect, is the core of the patent application, and is also an important legal document to determine the scope of patent protection. Article 56 of the Patent Law stipulates that:

The scope of protection of a patent for invention or utility model shall be subject to the content of its claims. The description and its drawings may be used to interpret the claims. It can be seen from this that the claims are legal documents used to determine the scope of protection of invention or utility model patents.

Whether the subject matter of a patent application belongs to the scope of the patentable right, whether the claimed invention-creation has novelty, inventiveness and practicability, whether the patent application meets the requirements of unity, and whether the implementation of others infringes the patent right all depend on the content of the claims, or are directly related to the content of the claims. Requirements for drafting claims: Paragraph 4 of Article 26 of the Patent Law, Articles 20 and 21 of the Detailed Rules for the Implementation of the Patent Law clearly stipulate the requirements for drafting claims, and the examination guidelines make more specific provisions on this.

When defining patent claims, they must be novel, practical and inventive.

1) The scope of protection of the patent right for invention or utility model.

1. The content of the claims can only be subject to the number of revelations.

2. The explanatory role of the description and drawings.

3. The limiting role of patent files.

2) Scope of protection of design patent.

1. The scope of protection is the product, and the design must be combined with the product.

2. Items that shall not be included in the scope of design protection: buildings and bridges; Substances without fixed shapes; It cannot be used alone** and use; Items that are difficult to judge with the naked eye; taking natural objects as the subject of the design; Works that are purely within the scope of fine arts; Extremely easy to create; Imitation of famous writings, buildings, portraits of people and the design of the front of the picture; National emblems, expired, trademarks; Words, numbers, etc.

1. How to determine the amount of compensation for patent infringement?

Infringing on the patent's patent without the permission of the patentee; The patentee or interested party may request the patent administration authority to handle the matter, or may directly file a lawsuit with the people's court. When the patent administration authority handles the case, it has the right to order the infringer to stop the infringement and compensate for the losses; If the party concerned is not satisfied, he may file a lawsuit with the people's court within three months from the date of receipt of the notice, and if he fails to file a lawsuit within the time limit and fails to perform, the patent administration authority may request the people's court to enforce the law. ”

1. With regard to compensation for patent infringement, the principle of fairness shall be implemented in the compensation for damages for patent infringement, so that the patentee can be reasonably compensated for the actual losses suffered by the infringement. The amount of damages for patent infringement can be calculated as follows:

1) The actual economic loss suffered by the patentee due to the infringement shall be the amount of damages. Calculation method: If the sales volume of the patentee's patented products decreases due to the sale of the infringing products (including products produced using the patented processes of others) on the market, the total number of sales decreases multiplied by the profit of each patented product, which is the actual economic loss of the patentee.

2) The amount of compensation for losses shall be the total profit obtained by the infringer as a result of the infringement. Calculation method: The product of the infringer's profits from each infringing product (including products produced using the patented process of others) multiplied by the total number of products sold on the market is the total profit obtained by the infringer.

3) Compensation for damages in a reasonable amount less than the patent license fee.

For the above three calculation methods, the people's court may choose to apply them based on the different circumstances of the case. Where the parties agree to use other calculation methods to calculate the amount of damages, the people's court may allow it as long as it is fair and reasonable. The people's courts will follow the above principles in handling patent infringement compensation.

Hello there.

A sovereign term, also known as an independent claim, is a collection of technical features that are indispensable to the fulfillment of an invention's purpose.

A subordinate claim, also known as a dependent claim, is a collection of better technical features on the basis of completing a sovereign claim.

A dependent claim fully encompasses the independent claims to which it refers.

From the perspective of technical characteristics, the sovereign term includes the sum of all necessary technical characteristics. A subordinate term is an extension of the sovereign term, and a subordinate item is all necessary technical features + some or all of the non-essential technical features.

2) Determination of patent infringement.

It is more one-sided when judging from the right items. In general, the principle of equivalence and the principle of full coverage will be used to determine patent infringement, as well as the principle of complete treatment of technical features, the principle of subject to the content of the claims, the principle of validity of patent rights, the principle of redundant designation, and the principle of estoppel.

1. The function of subordinate rights is to narrow down the scope of protection in more detail. If the technology of the counterfeit product is different from the claim of the patented product, it cannot be called a counterfeit product. The role of the subordinate clause is to help the sovereign clause to determine the scope of protection more precisely.

2. This issue can be determined by looking at the explanations of functional equivalence substitution and intentional inferiority to determine whether the patented product constitutes infringement.

The sovereign term is an independent claim, which is the claim 1 written at the top of the general patent (it is not common to have multiple independent claims, so we will not discuss it), which constitutes a complete technical solution. A subordinate claim is a dependent claim, which is a new technical solution composed of adding other technical features on the basis of an independent claim. Whether there is infringement depends on whether the alleged infringing product contains all the technical features of the claims involved in the case, and whether it involves the difference between closed and open claims, which is more complicated.

If you encounter problems with patent infringement, you can send me a private message, I have nine years of experience in handling infringement disputes.

Summary. Not necessarily, to be clear about the scope of patent protection of the other party, both parties are connected by screws through the fixing seat, the name of the fixing seat is the same, but the structure is different, the connection method is also different, one party may infringe, depending on the scope of patent protection of the other party, the patent right refers to the patentee's exclusive use, income, disposal of its invention and creation within the scope of the law, and excludes the interference of others, and the conditions for granting a patent right refer to the substantive conditions that an invention or creation should have to obtain a patent. The essential conditions for obtaining a patent for an invention or utility model are novelty, inventiveness and practicality.

In the patent, A and B have a necessary condition in claim 1 that is exactly the same: "A connects C through the fixed seat B with a snail and a worm hole wire", but in claim 2 and the embodiment, the fixed seats of A and B are completely different, I ask: will B fall into the protection of the rights of the earlier A?

Not necessarily, it is necessary to be clear about the scope of the other party's patent protection, both parties are connected by screws through the fixing seat, the name of the fixed seat is the same, but the structure is different, the connection method is also different, one party may infringe, depending on the scope of the other party's patent protection, the patent right refers to the patentee's exclusive use, income, and disposal of lead within the scope of the law, and the right to exclude the interference of others, and the conditions for granting the patent refer to the substantive conditions that an invention or creation should have to obtain a patent. The essential conditions for obtaining a patent for an invention or utility model are novelty, inventiveness and practicality.

A is necessary for a very important connection by connecting C with a screw through a mount.

It is necessary to be clear about the scope of protection of the other party's patent, and if this article is not indicated when the application is made, it will not fall under the protection of A's rights.

A has been marked in claim 1: Wu Han "A connects C with screws through the fixing seat", and B is the same after "A connects C with screws through the fixing seat", but the structure and connection mode of the fixing seat are completely different, will B fall into the protection of A's rights? Manuscript Takashi Takashi.

That sentence is the scope of protection for Fang A.

Don't understand what you mean by the scope of protection?

However, the structure and connection method of the fixed seat are completely different, that is, when he applied, he did not indicate that similar products could not appear in this way, and Party B was fine.

Answer]: c, d

The inventor can only be a natural person. It cannot be a unit or research group; The subject matter of the patent right includes three types: invention, utility model and design: the term of the invention patent right is 20 years, and the term of the utility model and design patent right is 10 years.