美国专利侵权判定标准在跨境出海中是如何界定的

Understanding US Patent Infringement Standards for Cross-Border E-Commerce

Embarking on cross-border e-commerce ventures, understanding the nuances of patent infringement in the United States is paramount. This guide delves into the key standards and principles that shape how patent infringement is determined in the U.S.

1. Literal Infringement Determination

In the realm of U.S. patent law, the determination of literal infringement hinges on the doctrine of complete coverage. This principle mandates that the accused product or process must contain all the technical features recited in the patent claims, or equivalent features that are显而易见的 to a person skilled in the art.

Key steps include:

• Determine the scope of the claims: Analyze the technical features described in the patent claims, which define the scope of protection.
• Compare technical features: Compare each technical feature of the patent claims with the corresponding features of the accused product, to identify any literal matches.
• Consider equivalent features: If the accused product differs in certain technical features, but these differences are obvious equivalents to a person skilled in the art, these differences do not preclude a finding of infringement.
• Exclude the impact of the doctrine of equivalents: If the patentee has limited the scope of the claims during the examination process, these exclusions should not be considered in the infringement determination.
• Evaluate novelty and non-obviousness: While not directly related to literal infringement, this step ensures that the patent itself meets the requirements for patentability, thereby having legal efficacy in infringement litigation.

2. Equivalency Principle Determination

The doctrine of equivalents in U.S. patent law allows for the determination of infringement even if the accused product or method differs from the patent claims in technical features, as long as these differences are substantially the same in function, way, and effect. This principle is designed to prevent infringers from circumventing patent protection through minor changes, ensuring that patent holders receive reasonable protection.

3. Determination of US Design Patent Infringement

1. "Ordinary Observer" Test: If, in the eyes of a typical observer, two designs are substantially the same, and the similarity is sufficient to deceive the observer into believing that the latter design is the former, the latter design constitutes infringement of the patented design.

2. Existing Design Test: When determining infringement, the court considers the role of existing designs and compares the patented design with existing designs and the accused product to determine if the accused product has adopted the distinguishing features of the patented design relative to existing designs. Additionally, the court may use a "three-way comparison" method to determine whether the accused product is more similar to the patented design or prior art design.

Conclusion

Understanding the standards for patent infringement in the United States is vital for businesses engaged in cross-border e-commerce. By adhering to these principles, companies can navigate the complexities of intellectual property protection and ensure their products comply with U.S. patent laws. As the landscape of e-commerce continues to evolve, staying informed about these standards is crucial for long-term success.

Future trends suggest that e-commerce and content platforms will increasingly focus on user experience and content innovation. Industry professionals can validate these trends through practical experience. We welcome your comments and experiences to see if they align with our predictions.