Research On The Same Or Equivalent Judgement Of Functional Technical Characteristics In Patent Infringement Disputes

With the intensification of the process of economic globalization and the deepening of the "one belt and one way" construction in China,intellectual property rights have increasingly become the key to international competition and industrial development,and more and more attention has been paid to all aspects.In recent years,the level of strengthening and protecting intellectual property rights in China has gradually improved,but conflicts and disputes in intellectual property rights have also occurred from time to time,and the situation is rising.Patent system,aiming at encouraging invention and creation,protecting and promoting the development of science and technology,plays an irreplaceable role in market economy and knowledge economy.According to statistics,China has made great progress in patent application and authorization in recent years,and has become a big country in patent application and authorization.When patent applications for inventions and creations are filed,they are usually expressed in the form of claims,which also provides a basis for judging infringement in future disputes.The manifestation of functional claims,as a special form,is gradually widely accepted and recognized in the writing of claims.In judicial practice,the judgment of whether the functional technical characteristics are the same or the same in patent infringement disputes has become one of the focuses of academic and practical circles.In recent years,patent litigation cases accepted by the People's Court often involve identical or equivalent judgments of functional technical characteristics.Based on this,this paper makes in-depth analysis and Research on this issue on the basis of historic investigation of functional technical characteristics and case-based judgments.Functional characteristics originated in the United States at the earliest.After the reform and opening up,China gradually studied,accepted and regulated the functional characteristics in the process of continuous development and improvement of the patent system.In this context,first of all,this paper reviews the origin and development of functional characteristics,and combs and analyses the identification methods and manifestations.Secondly,from the perspective of judicial practice,through the investigation of the case of "SEB Company of France v.Qifeng Company of Guangdong infringed its patent" and the case of "Huber and Jona Company v.Wujin Fengcheng Communication Equipment Co.,Ltd.of Changzhou City infringed the patent of invention",the article analyses the current situation and the existing problems in the judgment methods of identical or equivalent functional characteristics in China.Thirdly,through the regulation and interpretation of functional characteristics of the United States,the European Union,Japan and other countries(organizations),the similarities and differences between them and China,as well as the experience and advantages and disadvantages of some reference parts are compared and analyzed.Finally,starting from the balance of interests and combining with the reality of our country,the article puts forward its own suggestions on perfecting the rules of interpretation of functional characteristics,identifying the ideas of identical or identical functional characteristics,as well as the problems that should be paid attention to in identical or identical functional characteristics.