Patent Infringement Judgment Of The Principle Of Equivalence And Its Limitations

The doctrine of equivalents is an important principle developed by American courts in patent infringement cases and it has become a universal principle of patent law in almost every jurisdiction today. The doctrine has becoming one of the most fundamental and influential principle in patent infringement suits gradually.A large number of practice shows the doctrine of equivalent can function as a more useful weapon and system to protect rights and interests of patentee,which promote the development of science and technology and economy. Though admitted by relevant law in China,there were no definite rules on how the doctrine is applied and bared.The result was that confusion arose in judicial practice,the avoidance of which was the key point of application of the doctrine.This thesis attempts to clarify the confusion above, given my own solutions, combining the latest circumstances of the third revision of the Patent Law.There are three chapters in this thesis.Chapter one introduces and analyzes the basic principles and specific provisions of the doctrine of equivalents. Chapter two introduces the specific applicable standards of the doctrine of equivalents, especially where disputes often rises in practice.Chapter three introduces a variety of reasonable restrictions to the doctrine of equivalents, including the doctrine of estoppel, the doctrine of prior art and the rule of contribution, showing the latest achievement of the third revision of the Patent Law.