Comparative Research Of The Principle Of Prosecution History Estoppel Between China And American

With the development of science and technology and economic globalization, the principle of prosecution history estoppel plays a more and more important role in judging a patent infringement. Though admittedby relevant law in China,there are no definite rules on how the principle of prosecution history estoppel is applied and bared.The resultis that confusion arises in judicial practice,the avoidance of which is the key point of application of the principle of prosecution history estoppel.The principle of prosecution history estoppel is established and gradually developed by American courts in its judicial practice. The dissertation firstly introduces how the principle of prosecution history estoppel emerged, the implication in itself and patent law and its value of patent law.In the following part, the author hits the target to the applying of the principle of prosecution history estoppel in judging a patent infringement in American. And a milestone style leading case and the latest one regarding the principle of prosecution history estoppel are chosed and summarized, from where the attitude American courts toward the principle of prosecution history estoppel can be found in that corresponding period. For this reason,a series of criteria of and bars to the principle of prosecution history estoppel have been formulated by American courts in its judicial practice to make a reasonable result by applying the principle of prosecution history estoppel. These criteria and restrictions are elaborated in the present dissertation.Then, Lastly,the domestic situation of legislation and justice relating to the principle of prosecution history estoppel is presented.and finding the a series of criteria of and bars in China by analysing several cases which are ralated to the principle of prosecution history estoppel. And to point out the missing ones in China at the same time.Finally, by comparing the difference of value about China and American in applying the principle of prosecution history estoppel, the dissertation expounds the necessity and meaning to learn from American, and point out the concrete content that China can learn. And the author hopes this dissertation can make efforts to this area.