[Jian Xu] More detailed guidelines on equivalence infringement in China

Beijing High Court has more detailed guidelines which can be helpful in understanding doctrine of equivalence in China.

Equivalent infringement is established on the basis that the literal infringement is constituted in establishing patent infringement.

Equivalent infringement refers to that the alleged infringing technical solution has one or more than one technical feature is literally different from the corresponding technical features of the claims but belongs to equivalent features, therefore, the alleged infringing technical solution shall be deemed to fall into the scope of protection of the patent right.

Equivalent features refer to the technical features that realize the basically same functions and achieve basically the same effects by the basically the same means as the technical features recorded in the claims and occur to those skilled in the art without any creative work.

Basically the same means generally refer to technical features commonly replaced in the technical field of the patent and technical features of the same working principle prior to the date of the occurrence of the alleged infringing act.

The technical features different from the technical features of the patent in working principle after the application date belong to replacement features which can easily occurs to those of ordinary skill in the art on the date of the alleged infringing act and can be recognized as basically the same means.

Basically the same functions refer to that replacement means in the alleged infringing technical solution have the same effect as the corresponding technical features of the claims in the technical solution of the patent.

Basically the same effects in general refer to that results of the replacement means in the alleged infringing technical solution have no substantial difference from the technical results of the corresponding technical features of the claims.Where the replacement means in the alleged infringing technical solution do not have significant enhancement or decrease in terms of technical effects compared with the technical features of the claims, such means shall be deemed to have no substantial difference.