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Discussion on the Application of Doctrine of Equivalent in Action for Infringement of Patent

Author: LiuJunMei
Tutor: HeZhiPeng
School: Jilin University
Course: Legal
Keywords: Infringement Equal Equivalent to the applicable restrictions Perfect
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 56
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Abstract

Equivalent principle in U.S. Patent judicial practice. Since the doctrine of equivalents theory originated more than 150 years of history. Development of the doctrine of equivalents is to change through judicial precedents. Patent infringement litigation, the most challenging problems than the application of the \infringement? how to identify? \A seemingly different way of patent infringement, essentially a fraud. If the claims can be extended, will lead to a \Attitude towards the doctrine of equivalents, also tend to narrow their scope of application, and the same principle applies to restrictions is proof. Of the doctrine of equivalents in patent infringement litigation applies opinion has to remain the basis of the old Patent Law in 2009 and 2001, the Beijing Higher People's Court \Trial of Patent certain provisions of applicable law \Issued in 2010, and the purposes of the Patent Law, Patent Law Implementing Rules and the Supreme People's Court on the trial of patent infringement dispute case application of the law of several explanations \clear provisions to prevent disputes, is a new development embodies the same principles apply, with some discussion of the application of the doctrine of equivalents, but not many for further discussion of our new judicial interpretation of the restrictive application of clear provisions. This article discusses the doctrine of equivalents in infringement proceedings applies overview of the concept and theory development of the doctrine of equivalents, the system examines the historical process of development and deep-seated economic and social reasons for the doctrine of equivalents in the United States, through the analysis of the essence of the invention in the United Kingdom the invention theme theory theory and Germany eventually towards the root causes of the doctrine of equivalents, the need to establish the scope of patent protection to make the appropriate adjustments on the basis of the claims. Our theory of the doctrine of equivalents in patent infringement judgment, in 1985, the first patent law in terms of the scope of patent protection: \The specification and drawings can be used to interpret the claims. \1996-2000 occurred during the two events that affect intellectual property division, first, the Supreme People's Court, established in October 1996, is mainly responsible for the second trial and retrial of the major intellectual property cases, and work, and the National Intellectual Property guidance. The move is seen as a sign of China's intellectual property trial work embarked on the road of professionalism. In the Warner-Jankinson case hearing in the Supreme Court of the United States established the important principle of patent pending, certain patent judicial trial. Beijing Municipal Higher People's Court promulgated the \The Supreme People's Court on June 19, 2001 through the \Provisions in Article 17, Article 56 of the Patent Law, the first called \range determined by the technical features necessary for the scope of patent protection, should the claims clearly documented prevail, including the necessary technical features equal to determine the range of the same characteristics. 2010 \Donated principle is to limit patent rights, limit claims more broadly interpreted patent law to achieve the balance of the patentee and public interest, taking into account the results of the patent protection and publicity functions. Estoppel principle originated in the civil law principle of good faith, the doctrine of equivalents in order to ensure that the real inventor of the realization of justice, similar advocated the principle of fairness on the civil law, the principle of good faith as \any civil basic principle, therefore, the performance of estoppel principles should take precedence over the doctrine of equivalents in patent law, the legal validity. Go into effect January 1, 2010, the Supreme People's Court on the Application of Law in the Trial of Patent Infringement Disputes explain the introduction of clear provisions are no longer applicable excess specified principles. There are some problems in the doctrine of equivalents gradually improve in our country, and our country for the doctrine of equivalents infringement determination step of the doctrine of equivalents urgent need to improve the legislation to improve the urgent need to strengthen our judicial doctrine of equivalents.

Discussion on the Application of Doctrine of Equivalent in Action for Infringement of Patent

Abstract

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