Study For The Doctrine Of Equivalents In Judging Patent Infringement

With the rapidly development of economy, improvement and perfecting of patent system is also become more and more important. In recent years, at the case of patent infringement, judge has difficulty in technology and law and the method of judging infringement is become the doctrine of equivalents from the doctrine of literal. The doctrine of equivalents is which the product or means of infringement have one or many technical character is literal different comparing with technical character of patent, but actually is equivalent. Therefore, we think that the product or means of infringement is in range of the protection of patents.In this paper, with inducing the history of the doctrine of equivalents, it analyses deeply application of doctrine of equivalents in order to adapting my country. At one time, it analyses the conception of the doctrine of equivalents with a case. The study for doctrine of equivalents is in touch with the explanation for claims, therefore, it farther discusses application of doctrine of equivalents in terms of claims. For accurately application of the doctrine of equivalents, in this text, we introduce the doctrine of estoppel and frier Stand der Technik by the system of benefit and balance in intellectual property law. At last, we discuss that the application of the doctrine of equivalents in china and give some advice.There are four parts in this paper, the structure and main points are summarized as follow:Part one: introducing the conception of the doctrine of equivalents by a case, and it analyses deeply the conception of the doctrine of equivalents. Then it analyzes the history of the doctrine of equivalents in U.S.A.Part two: the chapter relates to the material application of the doctrine of equivalents, by explaining claim of right, it analyzes the condition of the doctrine of equivalents application. And it also introduces estimation standard and time of the doctrine of equivalents. And it discusses emphatically the case of U.S.A so as to give us some propose. Part there: In order to avoid too wide application of the doctrine of equivalents, it analyzes limitation of the doctrine of equivalents.Part four: it discusses the question of the doctrine of equivalents application by combining the actual system of our country to solve some questions and give some advice.