Patent Infringement Judgment The Principle Applicable In Pharmaceutical Patent Litigation

The purpose of establishing patent system is for protect invention creation patent right, encourage invention creation to be helpful to invent creation popularize application, promote science and technology to advance with creation,meet the needs of socialist modernization. Plenty of judicial practice prooves: patent right at the same time again defend the key problem of the benefit balance of the public lie in for patent tort judge, This paper attempts to combine the practice of patent infringement case to determine the basic principles of defence and infringement on two aspects. That patent infringement judgement in patent litigation in the pharmaceutical particularity, Thus summed up the principle of patent infringement determine how to apply, With a view to China's patent infringement determine the development and perfection of the principle of providing some reasonable proposals, to provide a reference of the medicines patent infringement litigation practice and to put forward my own proposal of China's patent infringement judgement on the development of principles.This paper use the literature and case method to discourse patent infringement judgement on the basic principles of mediciness in the application of patent litigation, from the two major aspects of patent infringement and patent infringement defence. Comparatively Study the specific circumstances and Elements of doctrine of equivalent, the full-scale embrace doctrine, the shortcomings doctrine, the principle of estoppel and the technical defence; By searching the database of intellectual property litigation, determine the basic principles of the application in mediciness patent litigation with a patent infringement case,that patent infringement judgement in patent litigation in the pharmaceutical particularity, Thus summed up the principle of patent infringement determine how to apply.This paper first introduce the past and Present of Patent infringement determine the basic principles, including doctrine of equivalent, the full-scale embrace doctrine, the shortcomings doctrine, the principle of estoppel and the technical defence, discuss the development and current situation of China's patent infringement on basic principles. Analyse the China's pharmaceutical patent protection legislation status; compares between the most high court"certain stipulated about the trying patent dispute case applicable legislation question", Beijing Higher People's Court "the Patent infringement Determines Certain Questions the Opinion (Implementation)", The most high court " about the Trying Patent infringement Dispute Case Certain Question's Stipulation(Conference Discusses Manuscript)" about that the patent tort law applies to regulation's reflects the patent tort decision principle situation suitable for use in our country; sum up the specific circumstances and Elements of doctrine of equivalent, the full-scale embrace doctrine, the shortcomings doctrine, the principle of estoppel and the technical defence; By searching the database of intellectual property litigation, determine the basic principles of the application in mediciness patent litigation with a patent infringement case,that patent infringement judgement in patent litigation in the pharmaceutical particularity, Thus summed up the principle of patent infringement determine how to apply, to provide a reference on the medicines patent infringement litigation practice.The judgement of patent infringement related to the mutual relations and apply on doctrine of equivalent, the full-scale embrace doctrine, the shortcomings doctrine, the principle of estoppel and the technical defence. In particular, the application of doctrine of equivalent is the priority. Patent infringement in medicines is a complex judicial process, and is also practical difficulties in operation.This paper indicated through the research: patent infringement litigation for medicines also applies the basic principles, but patent protection for medicines has its particularity,The special nature of drug patents is in innovation, invention and use of methods of invention.So in the application of the principle of tort judgement should pay attention to the characteristics of the area of medicines, studying on the principle of patent infringement judgement in patent litigation for medicines Will play a positive role for the judicial practice of patent protection on medicines.