Doctrine Of Equivalent In Patent Infringement

The intellectual property rights are now important property rights in our society, but to the protection of the patent which was regarded as the important constituent always has dispute. Said to determining the infringement of patent right, doctrine of Equivalent which developed from the American case law was a principle in balancing the benefit between the public and the patentee. It has been becoming a principle gradually which the world recognizes for two hundreds years from now on. This thesis which combined with its recently development gives a historical review to this principle,and research on its connotation, adaption and even the limitation. At the end , the author gives the review to the concrete utilization of this principle in legislation and judicial practice of our country.In the foreword part, from the necessity to adapt doctrine of Equivalent in the process of determining patenr infringment to explain the reason of choose it as the research object .The main text altogether divides into five chapters, presently states as follows:Chapter 1"Historical evolution of the doctrine of equivalent", the development of the doctrine of equivalent is consummates gradually by the American legal precedent, including some classical legal precedents which gives important contribution to the development of it. Therefore, this article divides it into three stages, namely the origin, the development and the present, and combine corresponding legal precedent to made the discussion on its connotation in the different stage, builds the proof foundation for the followsChapter 2 "the value and the malpractice of the doctrine of equivalent ", the doctrine of equivalent is to protect patent holder's benefit, but this kind of principle while has its positive value, also is inevitable can bring some negative influences, this chapter carries on the analysis to its value and the malpractice, build analysis foundation to its limitation. as followsChapter 3 "the application of the doctrine of equivalent ", this chapter altogether divides four sections, made a more detailed discussion.on how to apply this principle in the judicial practice,Chapter 4 "the restriction of the doctrine of equivalent ", this chapter is on the foundation of the front article, combine the legal precedent to discuss"the prohibition reneges principle"and"the free common knowledge technology principle"which was regarded as the restriction of the doctrine of equivalent. to expect to achieve the balance of the patent holder and public's benefit.Chapter 5 " the present legislation and the judicial situation of the doctrine of equivalent in China ", on the basis of the front article ,unified the legislation and the judicial interpretation of our country, and the judicial legal precedent has made the discussion and the commentary to our country at present situation, and put forward the proposal in the final section..