| The main purpose to establish patent law is to protect patent right. The key to protect effectively patent property and attack infringement is the determination of infringement. This project is an integration of law and technology in every field. It remains a difficult problem in judicial practice all over the world. This paper has an analysis and research on the scope of claim, the determination of infringement, the defense of infringement, starting from the concept of patent infringement. The author tries to systematic the theory of determination of infringement. |