The Study On The Principle Of Prosecution History Estoppel And Its Application

The Principle of Prosecution History Estoppel roots in the honest principle and the justice idea in the jurisprudence, and it is also one of the important principles in the patent infringement judgement, namely the Principle of Prosecution History Estoppel.This article will start from the basic concept and history of the Principle of Prosecution History Estoppel and its status in the patent infringement judgement, and through the latest famous case in the United States——FESTO v. SMC, this article will thoroughly analyze the relationship of the Principle of Prosecution History Estoppel and Equivalents, the supposition of the court that patentee abandoned his range of the rights, the way to retort this supposition, whether the Principle of Prosecution History Estoppel absolutely expel the application of the Equivalents, the impact of the Forseeable rule on Prosecution History Estoppel and so on. This article will clarify the latest regulations of the application of the Principle of Prosecution History Estoppel.Then on the basis of concluding and analyzing related Chinese law and cases, this article will thoroughly inquiry applying scope, applying condition and applying restriction of the Principle of Prosecution History Estoppel.Combined with the advanced theories in the world and development of practices, this article will propose constructive suggestions to the China's legislation, judicature and the procedure of patent examination.Finally as a patent strategic point of view of an entrepreneur, I put forward some suggestions to the applicant and competitor the way to make use of the Principle of Prosecution History Estoppel in the patent filing and the lawsuit.