Research On The Application Of Doctrine Of Estoppel In Judicial Judgement Of Patent Infringement

Doctrine of Estoppel is significant doctrine of judgement in patent infringement. Developped countries, especially America, have developped some important judicial precedent. Although China have not had the specific provision about Estoppel, the doctrine is acknowedged in judicial action for a long time, but the frequency of application does not match to its importance. Judicial adjudication implied that because of the series of factor such as the difficulty of showing evidence, unspecific scope of application and Counter of Public technology etc. the Doctrine of Estoppel can not be adoptted properly in judgement. If owner's limit, promise or surrender the protection of technoloty, and the content have substantial effection to secure /keep the patent, the doctrine may be applicable. Obviously, Doctrine of Estoppel has defect, sometimes, it may be used to unnecessary scope, judge should grasp the relation between...