On Equivalent Infringement Patent Infringement Judgment And Limitations

The fundamental goal of the patent system is to protect the patentee's lawful rights and interest, encourage invention-creation, and promote the development and innovation of science and technology through making public the scheme of patented technology. The patent system plays an important role in adjusting the interest between the public and the patentees. Equivalent infringement can balance the interests between two parts. It has been a basic principle through nearly 200 years and has become a deep, rich, perfecting system theory. Pushed by the United States and other developed countries it has been widely accepted in the world.Through reviewing development process and analyzing judicial practice, the author wants to probe its connotation, applicable condition, the scope and standards, especially the limits of applicable, aiming to provide proper proposals for the development and perfection of the judgment standard of made up of three parts and there are 40000 characters altogether. The text is as follows:The first part is about of Equivalent Infringement and the development of it in the US is expounded. The learning about the foundation of Equivalent Infringement gives us a more coloring lookout of its development, probes the usage standard of Equivalent Infringement, including the premise of its usage and factors which influence the standard and methods of the judgment. By analyzing the cases in China, the author makes comment on the practice and provides proper proposals.The third part researches the limitation to Equivalent Infringement. The principles of necessity and the limitation on is has been analyzed. The recent situations are involved in the test. Such as Donations Rules and the rule of foreseealility .By means of the research of the limitation on it, a reasonable scope is provided for the protection of patent in China, helping China to introduce new technology and make society to develop faster.