Judgment Of Infrigement Of An Invention And New Practice Pattern

The essence of judging infringement of a patented invention is applying to the doctrine of equivalents, but it is very difficult for us to regular this doctrine in form of clause。Just as a Germany patent judge of seniority while discussing the related matter with our country judges, "it is important for every judge to judge exactly every equivalent infringement on the basis of the doctrine, and not describing perfectly clause。" Because our country has put into effect of patent law just more than twenty years, and patent regulations of our country have been starting stage, and foreign countries, especially European and American countries, have carried out patent regulations several hundreds, our country draws on the experience of judging infringement of a patented invention of these countries, particularly American experience on suiting the doctrine of equivalents. So studying development and present situation of American doctrine of equivalents can help us with understanding the equivalent on the basis in order that we can find out our own standard of the doctrine of equivalents fitting for us. In spite of two hundreds history of patent regulations, America has been differences on many related points as before. But they can still give us much useful enlightenments. In the meantime, we can draw lessons from Britain doctrine of explaining the scope of protection of right claims in order not to undergo very long way, and in order to improve our country standard of patent regulations.I want to expound the essence of judging infringement of a invention and new practical pattern by means of analyzing character of patent right for basement, centering right claims and the doctrine of equivalents, cluing judgment element. Moreover, I introduce foreign and Chinese example of case, and analyze and summarize American doctrine of equivalents and Britain doctrine of explaining the scope of protection of right claims, and have successful experiences of these two countries to go by in the light of our current situation, furthermore put forward reasonable legislative suggestion suitable for our national conditions in order to make up weakness of our patent regulations.