Patent Infringement Determination About Research

The primary purpose of establishing the patent system is to encourage invention and creation, to promote the rapid development of science and technology. The core of the patent system is that the effective protection of the patentee, and thus the issue of determination of patent infringement to become one of the key issues.Patent infringement involves a large number of complex technical and legal application, making a patent infringement lawsuit difficulties. At the same time as the establishment of the temporary nature of the patent system, relevant laws and regulations are not perfect, and practice the number of infringement cases increased year by year, making the study of patent infringement as necessary. Firstly,this paper, starting from the patent infringement to determine the scope of protection of the patent right, definitely need to patent claim shall prevail, compromise by explaining the ways to interpret rights requirements, while the description and the appended drawings in claim explanation plays a role in helping explaining. Secondly, put forward the principle of patent infringement judgement, first for overall cover principle, will be charged infringing products or method with the technical features of the patent claim technical features comparison, if one accused of infringement product or method of technical features contains a patent right request every one of the necessary technical feature, judgement established patent infringement. Otherwise in comparison of the technical features whether equal, if establishment is equal, also organized patent infringement. The patent system in protecting the interests of the patentee, also pay attention to the protection of the social public benefit, equivalent principle of applicable expanded the scope of protection of the patent right, consequently, in order to achieve the balance between them, was charged with the infringer patentee, puts forward the charges for patent infringement's defence principle, namely estoppel, public knowledge technology and public donations defense principle. Finally, some suggestions have been put forward at the applicable patent infringement judging principle problem concerning the improvement suggestions. Based on the analysis of patent infringement judging principle applicable process, adopt empirical analysis, comparative analysis, historical analysis and jurisprudent analysis and other methods, combining domestic and foreign typical cases, through comparing countries patent infringement judging principle apply different, according to China's concrete practice, points out that China patent infringement judgement of the insufficiency in, then the equivalent principle, estoppel principle, the technical principle and publicly known male donated principle, put forward suggestions to build complete perfect and practical patent infringement judging principle applies to solve practical procedure mode appear in the patent infringement cases of dispute.