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Doctrine of Equivalent’s Application from Three Patent Infringement Cases

Author: LuoJuan
Tutor: LiuGuangHua
School: Lanzhou University
Course: Intellectual property rights
Keywords: doctrine of equivalent patent infringement necessary technical characters judicial identification more than the specified principles
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 0
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Abstract


The doctrine of equivalent plays a very important role in patent infringement. Based on the analysis of three cases, summarized the principles basic steps should be taken in the application of the doctrine of equivalents:1. The original rights book’s scope of protection should be made clear before applicating the doctrine of equivalents; 2. know the necessary characters technically of the patents accused allegedly infringing; 3. Comparison of patent in technical characteristics to which accused allegedly infringing; 4. The difference of patent between unnecessary technical characters and necessary technical characters; 5. The exception for freedom and public technology in the application of doctrine of equivalents. Meanwhile, following the steps above, it should be based on the resolution needs to patent dispute accused allegedly infringement, to trust judicial identification by professional body. Finally, in patent infringement identified as the same infringement, it should no longer apply to more than the specified principles.

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