On The Same Principles Of Patent Law

The fundamental goal of the patent system is to protect the patentee's lawful rights and interests, encourage his intellectual property creation. As a result, it can push forward progress and innovation of science and technology through making public the scheme of patented technology. However, various patent infringements hinder the realization of this goal, especially the infringement under the doctrine of equivalents (here in after "DOE"). With the impulse of west countries, DOE has got abroad influence in the realm of juristic theories. DOE has become more affluent and perfect theory with the development of 200 years. This article will supply the analysis of DOE, including connotation, applying condition and standard, scope and restriction, in order to make some reasonable interrelated advice through reviewing the history of DOE.The major function of using DOE is to make the comparison of technology features between the infringement and the patent. By this means ,the court can judge patent infringement. It is well known that a design patent depends on photos or pictures. Thus the subject of judging patent infringement in this article does not include the patent design.The article has five parts .It is as follows:Part One: the generality of the doctrine of equivalents. At first the conception of the doctrine of equivalents is introduced, and then the author gives the idea of our country according the law and judicial interpretation in our country. To prove the background of DOE, the author starts with unfitting the practicality for the principle of identical infringement and balancing various interests.Part Two: outline the history of the research of the doctrine. It begins with the theory of pith and marrow and the theory of invention theme. It brings to a clear and veracious outline to research the equivalents by retrospect to the history of DOE in American. Part Three: research the applying conditions and the constitutive elements of the doctrine of equivalents. In this part, the concrete constitutive elements of the doctrine of equivalents in the United States and Japan are introduced. By comparison between these two countries concrete constitutive elements of DOE, the sameness and the difference between these two countries are found. Then the author discusses concrete constitutive elements of the doctrine of equivalents, such as the criterion in determining equivalents and the time in determining equivalents.Part Four: the dissertation discusses the rational constraints on the DOE. On the basis of researching two restriction theories, file wrapper estoppel and known technology defense, it is necessary to distinguish the application of the doctrine of equivalents between the other doctrines of determination of patent infringement. All these will help us to grasp the application of the doctrine of the equivalents in the patent juridical practice in our country.Part Five: emphasize on the analyses and the advice of DOE for our patent law. According to the sequence of actuality, deficiency and design, the author expatiates for the actual criterion and scope of determining equivalents in our country. Then educing the theory of surplus specified character and un-necessary technology character, the author attempt to roundly dissertate the doctrine of equivalents of our country. Finally, using for reference experiences of developed country, author provides some advice of DOE for our country.