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On the patent infringement of the principle of equivalence in

Author: LiHuiLing
Tutor: ZhouChangLing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Doctrine of Equivalents Scope of patent protection Estoppel Principles of prior art defense
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 1
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Abstract


The purpose of the patent system is \Patent infringement is one of the key links . Since patent is an intangible property , unlike a real objective existence of matter , visible, tangible , the scope of rights is clear and very easy to determine , therefore, in patent infringement , the alleged infringer identified product or process in the end falls within the scope of patent protection is a difficult problem , both the legal issues involved , but also the technical issues involved . The doctrine of equivalents in patent infringement judges played a good role, it became patent infringement in the most frequently used one of the basic principles . Doctrine of Equivalents first appeared in the United States, so far, nearly two hundred years of history , and for the judicial practice in China is only a short ten years time , and is currently China's relevant legislation merely recognizes the doctrine of equivalents , and its applicable standards and also very few clearly defined limits , resulting in judicial practice for the application of the doctrine of equivalents is also a bit confusing, this paper intends to integrate theory with specific cases through the way , the theoretical basis for the doctrine of equivalents , applicable standards and restrictions equivalent to elaborate and combined with our current situation to make a few suggestions for improvement . This total includes an introduction , body and conclusion three parts, of which the main part of this paper, four chapters , which reads as follows : The first chapter is an overview of the doctrine of equivalents . First introduced the concept of the doctrine of equivalents , and the necessity of introducing the doctrine of equivalents , and that the theoretical basis of the doctrine of equivalents balance of interests principle , and this is analyzed. The second part is the application of the doctrine of equivalents . In this chapter, discusses the scope of patent protection to determine the basis and form of the doctrine of equivalents in the judicial practice how to apply. Which are discussed in detail the main criteria determining equivalent , object standards, time limits , equivalent to the width of the range , as well as for the special case equivalent . In the process of argumentation are the different perspectives of all parties to compare , analyze current problems . The third chapter is the doctrine of equivalents restrictions. In this chapter, apply mainly involves limiting effect on the equivalent of two principles, namely the principle of estoppel and the principle of prior art defense . The author of these two principles were involved in the concept and application are described, and analyzes the current problems still exist . The fourth chapter is the doctrine of equivalents in our country for advice. In this chapter, divided into legislative and other proposals in two aspects , for the doctrine of equivalents , estoppel , prior art defense policies, and legislative system and judicial system , etc., put forward for the improvement of China's actual situation recommendations .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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