What is equivalent infringement? The Difference Between Joint Infringement and Separate Infringement

Equivalent infringement means that one or more technical features of the accused technical solution are literally different from the corresponding technical features in the claims, but are equivalent features, and the accused technical solution shall be deemed to fall within the scope of patent protection. Equivalent features refer to features that are capable of being associated with a person skilled in the art without creative effort by achieving essentially the same function and achieving essentially the same effect by the described technical features, and that can be associated by a person skilled in the art without creative labor.

The so-called equivalent patent infringement comes from the principle of equivalence in patent law. This principle refers to the principle that even if the infringing product or process of a party does not fall within the literal meaning of the claims of a patent, but is equivalent to the invention to be protected by the claims, the principle of equivalence allows the court to determine the liability for infringement. Therefore, this equivalent patent infringement case is an urgent need to clear up.

Nowadays, many patent applicants often exploit loopholes based on some loopholes in the patent application, through the loopholes in the examination of the patent application process, or apply for a patent by drafting a patent at the same time, which is actually a way to confuse the patent examiner, and the infringing patentee's technical solution has one or more technical features, although it is literally different from the corresponding technical features in the claims, but it is an equivalent feature.

Equivalent infringement is relative to the same infringement. Identical infringement, also known as literal infringement, refers to the fact that the allegedly infringing technical solution contains all the technical features of the patent claims.

Whether it is a civil act or not, which is treated as similar to tort in terms of legal definition, I am a graduate student in law, but I have not heard of this term

Legal analysis: The differences between patent infringement equivalence and mutual tease are as follows: 1. Identical infringement refers to the infringement of the technical solution of the allegedly infringing product or process that falls directly within the scope of the literal description of the protected patent claims; 2. Equivalent infringement refers to the fact that although the technical solution of the allegedly infringing product or process does not directly fall within the scope of the literal description of the claim, it is not substantially different from the technical solution of the claim.

Legal basis: Article 11 of the Patent Law of the People's Republic of China After the invention and utility model patent is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products for production and business purposes, or use its patented process and use, offer to sell, sell or import products directly obtained in accordance with the patented process.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

With regard to joint infringement, it is an act of infringement by two or more persons, and the act is a joint tortfeasor. Where two or more persons cause harm to others with joint intent or joint negligence, or where there is no joint intention or joint negligence, but the same harmful consequences occur directly in conjunction with their infringing acts, it constitutes joint infringement and shall bear joint and several liability in accordance with law.

Article 1170 of the Civil Code of the People's Republic of China: Where two or more persons commit conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and it can be determined that the specific infringer is to be destroyed, the infringer is to bear responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability. Article 1171 of the Civil Code of the People's Republic of China Where two or more persons separately commit tortious acts causing the same harm, and each person's tortious acts are sufficient to cause all the damages, the perpetrator shall bear responsibility for the incident.