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Doctrine Of Equivalent In Patent Infringement

Posted on:2006-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:C Y PanFull Text:PDF
GTID:2166360152485091Subject:Law
Abstract/Summary:PDF Full Text Request
Doctrine of Equivalent is the concrete utilization of the fair principle in civil law. It's an important principle in patent infringement trial. The reason is that: along with the development of science and technology, the patent infringement no longer completely counterfeits other people's patent product or imitates other people's patent method ,but often adopt to replace the patentee's public patent product or the method patent document to avoid the legal punishment that the infringement brings. This time Literal Infringement is not enough to determine whether the illegal behavior has constituted the patent infringement. Doctrine of Equivalent breaks through the stereotypical protection on patent right giving it substantial and full protection. The developing process of Doctrine of Equivalent is the process of balancing the benefit between the public and the patentee. The essential problem of approaching Doctrine of Equivalent is to settle the substantial equivalent penetrating the facial phenomenon. This article mainly summaries some principles in Equivalent Infringement trial as follows through the case analysis union theory proof method: the Peripheral Definition, the Function-Way-Result Test and limit-exerting principles --Renege Prohibition and Public Technology Pleading. Function-Way-Result Test standards is the emphasis of the article including technology plan comparison method, responsibility principle and the time standard also the details. The limit-exerting principle mainly studied Prosecution History Estoppel, the suitable reason, the suitable condition and the elasticity regarding principle being carried on the proof with emphasis. Finally, present some improvement proposal about how to exert Doctrine of Equivalent in China connecting with the present legislation and justice condition of China. The proposal mainly concerns making some principles and method concrete and characteristic to establish a perfect Equivalent Infringement Theory skeleton. According to the present national condition of our country, I hoped that the strict Peripheral Definition should be exerted and we should give different equivalent protecting scope to invention and improving-invention, also that the Equivalent Infringement should be exerted to poor invention. Thanks.
Keywords/Search Tags:Equivalent Infringement, Doctrine of Equivalent, Peripheral Definition, Prosecution History Estoppel, Function-Way-Result Test
PDF Full Text Request
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