On The Doctrine Of Equivalents To Determine The Application Of The Patent Infringement

With the rapid development of science and technology, the patent system is constantly improved, but subsequently derived from varieties of patent infringement disputes and litigation keep increasing. The doctrine of equivalents, was first born in the United States and after development for hundreds of years, many countries, including China, brought in the principle, and widely used and developed in judicial practice to determine whether there is patent infringement, but the principle is complex in both justice and theoretical, this article is about the issues of the principle using in patent infringement. Besides the introduction and epilogue, the text is divided into four parts.The first chapter describes the basic theory of the doctrine of equivalents, the concept of the doctrine of equivalents first introduced by the same principles, and then combined with the classic case of the United States to analyse its historical evolution and legal principles established, and further to analyse its legal basis and legal value.Chapterâ…¡, as a key part, analyse the application of the principle in judgment of the patent infringement, the theory what its comparison applied to, and the subjective and objective criteria and time standards, the focus is what our country chose, in the process of discussion, the use of comparative analysis, and the latest case analysis are useful.The third chapter discusses the principles of the three constraints for the doctrine of equivalents in patent infringement, using the chart analysis of the contribution principle, the principle of estoppel defense principles and prior art defense mechanism, and each of these principles and their respective content restrictions and the balance between the doctrine of equivalents.Chapterâ…£presented several practical and legal issues of the doctrine of equivalents in the judgment of patent infringement in China, combined with the preceding analysis of the status quo, propound some legislative and judicial advice about the doctrine of equivalents in order to be better for the improvement.