Whether Variable Inferior Technology Constitutes A Patent Infringement

With the development of knowledge economy and economic globalization, there are a variety of forms of patent infringement. The new form of patent infringement is the inferior invention. However, not all the technical inferior behavior constitutes patent infringement. Therefore, how to justice it becomes the new research topic of judicial practice and enterprise.The technical inferior behavior refers to the incomplete implementation and change inferior behavior which to decrease the effect of the patent. Because of the differences between the incomplete implementation and change inferior behavior, the technical inferior contains omitting the characteristics of paten and replace the technical characteristics of patent to decrease patent effect. The article analyzes the judicial attitude of courts to whether the incomplete implementation and change inferior behavior constitute patent infringement.The article analyzes whether omit unnecessary technical features or necessary technical features infringe patent right, and how to justice the incomplete implementation infringe patent right, to clarify the incomplete implementation, the doctrine of redundant designated, the doctrine of equivalents. At the same time, analyzes the criteria of change inferior behavior constitutes patent infringement, and removes the types which does not constitute patent infringement, and clarify change inferior behavior to the doctrine of equivalents.This article is clarify the relationship of the inferior inventions, omit invention ect., and analyzes the criteria of the technical inferior behavior infringes patent. On the basis of this, provides a theoretical reference value and practical reference for the judicial practice and enterprise intellectual property protection.