Equivalent To The Evolution Of The Principles In The United States And Its Reference To China's Patent Law

With the development of science and technology, doctrine of equivalents (hereinafter referred to as"DOE") plays a more and more important role in judging a patent infringement. Though admitted by relevant law in China, there are no definite rules on how DOE is applied and bared. The result is that confusion arises in judicial practice, the avoidance of which is the key point of application of DOE.DOE is established and gradually developed by American courts in its judicial practice. The dissertation firstly introduces how DOE emerged and necessity of DOE. In the following part, leading cases regarding DOE in different period are selected and summarized, from where the attitude American courts toward DOE can be found in that corresponding period. The biggest problem and challenge, experience from judicial practice in America, is how to concur the randomness of DOE. For this reason, a series of criteria of and bars to DOE have been formulated by American courts in its judicial practice to make a reasonable result by applying DOE. These criteria and restrictions are elaborated in the present dissertation. Lastly, the domestic situation of legislation and justice relating to DOE is presented, and some suggestions are made to perfect the application of DOE in the future in China.