Yunnan Province Higher People's court:
You Institute Report No. [2004]91 cloud method "about people's court can directly judge without independent claim third patents for instructions" dependent patent problem has been received. After study, according to the specific circumstances of the case involving, reply as follows:
The people's courts in the trial of patent infringement dispute case, without the direct identification of the party or the implementation of the patent is belongs to have a patent subordinate patent in the judgment, also should not be recognized whether belong to repeat patent authorization. However, according to the principle of the first patent law, shall protect the prior application of patent. Regardless of whether the patent infringement is, as long as the plaintiff's patent is a prior application, it should be according to the technical characteristics of infringement are completely covering the scope of plaintiff patent protection, determine whether the defendant constitutes a patent infringement. In contrast to determine technology, should the plaintiff to apply for patent prior claim all the necessary technical features described and relevant technical characteristics of infringement object comparison. The allegedly infringing material contains claims all technical features recorded, or infringement of individual or certain technical characteristics although the corresponding technical characteristics of records and claims are not identical, but based on the equal principle belongs to the records of the technical features of equal technical features and claims, the people's court shall determine that the allegedly infringing material fall the scope of patent rights, patent infringement of the defendant.
