Determination of Infringement of Desulfurizer Formulation

Desulfurizer generally refers to the agent that removes free sulfur or sulfur compounds from fuel, raw materials or other materials; in the control and treatment of pollutants, it mainly refers to the agent that can remove sulfur oxides in exhaust gas. Various alkaline compounds can be used as desulfurizers. Most desulfurizers used to remove sulfur dioxide from flue gases are cheap lime, limestone and alkaline solutions prepared with lime chemicals. The desulfurizer can absorb most of the sulfur dioxide in the flue gas and fix it in the fuel residue. Chemical plants, smelters, etc. often use solutions such as sodium carbonate and alkaline aluminum sulfate as desulfurizers to treat tail gas containing sulfur dioxide, which can be desorbed and recycled.
Zhongke Testing and Appraisal Institute can provide desulfurizer formula infringement appraisal services and make accurate appraisals in terms of product design analysis, product trademark analysis, and product patent analysis.

1. Whether the technical features of the allegedly infringing product or method are the same or equivalent as those of the patent.
2. Whether the technical solution of the alleged infringing product or method is an existing technology.
3. Whether the invention or utility model patent for which the patent right is granted is novel and creative.
4. Whether the patent specification fully discloses the technical solution.

Comprehensive coverage principle:
If the alleged infringing article contains all necessary technical features recorded in the patent claims, the alleged infringing article falls within the scope of patent protection and constitutes the same infringement.
Principle of Equivalence:
means that one or more technical features of the alleged infringing article (product or method) are literally different from the technical features protected by the independent patent claim, but after analysis, it can be determined that the two are equivalent technical features.
Estoppel Principle:
During the patent approval or invalidation procedure, the patentee shall prohibit the patentee from bringing the technical solution back into the scope of protection of the patent right during the patent infringement litigation if the patentee has abandoned it through modification of the claims, specification or statement of opinions.

In 2008, the client signed a technical cooperation agreement with a professor from a university. Both parties agreed to develop and promote the new technology of "desulfurizer" that is the leading oil field in China. Later, the two parties stopped cooperation due to technical contract disputes. From 2010 to 2023, civil litigation was conducted multiple times.
The client believes that the desulfurizer currently sold by it and the technical formula provided by a university professor are of different technologies, so it entrusts our company to analyze whether the product formula provided by a university professor and the formula of the product currently sold by the client are the same technology.
identification and analysis results:
The analysis expert group analyzed the ingredients of the "desulfurizer" prepared by our company based on the formulas and processes of the three "desulfurizers" provided by the client, and made the following quality analysis opinions:
The desulfurizer currently sold by the client The technical formula provided by a certain university professor belongs to different technologies;
The desulfurizer currently sold by the client and the technical formula provided by a certain university professor are publicly known technologies;
The technical formula provided by a certain university professor has potential safety hazards during production and processing and when used as a desulfurizer in oil and gas fields.