Patent protection in China includes both the literal scope of patent claims and the expanded scope under the doctrine of equivalents. In order to establish infringement, every technical feature in the patent claim must be found in the accused infringing product or process. If the accused infringing product or process has all of the technical features in the patent claim, it is a literal infringement. If at least one of the technical features is different, it could be non-infringement or infringement under the doctrine of equivalents.

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Chinese Claim Interpretation: Substantive Law

  • Zhe Peng

摘要

Patent protection in China includes both the literal scope of patent claims and the expanded scope under the doctrine of equivalents. In order to establish infringement, every technical feature in the patent claim must be found in the accused infringing product or process. If the accused infringing product or process has all of the technical features in the patent claim, it is a literal infringement. If at least one of the technical features is different, it could be non-infringement or infringement under the doctrine of equivalents.