The Application Of Patent Infringement Judgment Principle

This article the hard problem which appears from the patent lawsuit is an angle of view,conducts the research to the patent right infringement determination principle and the method various questions and searches analyzes.The full text plans to divide into two majorities.The first part,makes a recapitulatory to the patent right infringement determination principle and the method outlining.Elaborates its origin and the development.The second part,divides several relatively independent chapters to elaborate separately patent right infringement determination each concrete principle and the concrete determination method,the analysis various countries in reality have the situation which or meets.The principle,the method similarities and differences in the patent right infringement which through contrasts our country which to use the principle,the method and the patent protection system quite perfect country uses,was beginning to our country to formulate the patent right infringement determination standard at present to give some comments. In which including proposed explicitly is suitable "the patent effective principle" to be in most first the suitable position in each principle which the patent right infringement determination is suitable;Moreover, thought is suitable "the comprehensive cover principle" front when should differentiate the existing technology and the patent technology strictly,the accusation right infringement lacks the foreword part characteristic,indicated it uses.is and the patent technology different technology plan.This time,because the overall technical plan which uses is different,should not recognize for the right infringement.In to "the identity","forbids to renege on a promise","the male knowledge technology contradicts","assigns and so on in unnecessarily" the principle elaboration,expounded in detail this and so on the principle applicable scopes,pointed out especially will have the necessity "the male knowledge technology" the scope will expand,will not be able to equate completely in "the existing technology",not only the male knowledge technology will be supposed to include the male knowledge technology which might use freely,but also will be supposed to include has not entered the public domain in first the technology.Simultaneously had pointed out several questions which is suitable "unnecessarily assigns principle" when should pay attention.