A Number Of Issues Of Patent Infringement And Defense Research

As a kind of monopolistic right, patent entitles the patentee a status of monopoly in certain time in exchange of publishing his technology, such a mechanism is designed to advocate the development of technology and economy. Because of pantent's own characteristics and the great benefits it brings , more and more patent infringements occur. Thus, to protect patent rights and refrain patent infringements have become the core of the patent work. As one kind of civil tort, patent infringement has its own determination and defence doctrines , because of its strict acquisition system and the speciality of its object.This article trys to discuss some legal issues in the determination and defences of patent infringement as well as give some pieces of advice, which is the practical and theoretic significance of this paper.In Chaper one, defining the gist and manners of ascertaining patent protecting scope ,this article analyses the role of every kind of patent application document plays in ascertaining patent protecting scope.Chaper two analyses patent infringement by means of direct patent infringement and indirect patent infringement as well as sum up the legal characteristics of patent infringement. Upon recognition of indirect patent infringement, this article advances my own view. In Chapter three,after simply introducing the full-scale embrace doctrine executed in the literal infringement, this article specifies on how to apply the doctrine of equivalent .By the way of introducing the practice of the doctrine of equivalent in U.S.A. and Japan and with the actual situation of China, the article advances how to resolve these problems .Chapter four discusses the main defence issues--invalidation of patent right, prosecution history estoppel and the prior art. Comparing with foreign judicial situation, this article puts emphasis on the reality and legal effect of the application of these three defence issues and problems in material application,and put forward manners to resolve these problems.In western country, patent law is a comprehensively developed system and the research on the determination and defence doctrines of patent infringements has become scientific system. However, paten law in our country develops in a very late time, and the provisions are not complete, so there are many problems in judicial practices. This article points out that we should further complete patent law and related regulations。Upon the problems in practice , the author presents some advice。...