Prosecution History Estoppel In The Patent System

The principle of prosecution history estoppel in patent system is from the United Kingdom law,as a rule of equity means that if the patent applicant had modified or stated the patent application documents in the patent examination process in order to meet the requirements of patent law,there is no turning back.Estoppel is an important principle in the patent system,the developed countries especially the United States has formed a number of important precedents, The Century of warfare FESTO patent cases prompted the principle of estoppel the specific rules of a new development,Recent years,prosecution history estoppel had wider application in the judicial practice in China.But the legislation does not provide enough specific rules,so that the principle is difficult to vital functions.The legislation and the situation we faced are the main objects of this thesis.Induction and case study are important research techniques in this thesis.Studying classical legal precedent FESTO case carefully,we should know that the latest developments in U.S.A.Considered some Chinese typical cases of the adoption of prosecution history estoppel,we find following questions.Then have some suggestions to perfect the current legislation.This article is constituent of four chapters.Chapter One studies the conception and theories of the principle of prosecution history estoppel,explains the relationship between equivalent and estoppel,the function on modern patent system.Chapter Two studies FESTO case,then clarified "patentability",presumptive FESTO,flexible bar rule and so on the latest developments.Chapter Three studies some typical cases of the adoption of prosecution history estoppel in China and puts finger on the cause of our financial.Chapter Four has some legislative proposals to the estoppel in the fourth part for our country,including the "Patent Law" provisions estoppel in principle,introduce the United States FESTO-related practices, "patentability" for example in order to profit our country.