Patent Infringement Is The Doctrine Of Equivalents Applies To The System

Essentially the Doctrine of equivalent of patent infringement is to determine the scope of patent protection issues, and it is the core of the modern patent system. Because of that the Doctrine of equivalent of patent infringement is a important part of the intellectual property system, the rational theory of intellectual property rights as the basic theory of Intellectual property law should be a guideline of building a regulation about applying to Doctrine of equivalent .Conversely, a reasonable regulation about applying to Doctrine of equivalent should be support by the rational theory of intellectual property rights. This paper uses such logical starting point, strive to get a complete and reasonable regulation about applying to Doctrine of equivalent under the guidance of the rational theory of intellectual property rights.This article discusses divided into four parts, the first part is the outline of the Doctrine of equivalent, In this section, by refining the basic characteristics of the doctrine of equivalents I suggested the definition of the doctrine of equivalents, Pointed out the essence of the doctrine of equivalents and paper emphasized the necessity of doctrine of equivalents by reviewing history. The second part introduced the main rational theory of intellectual property rights, including Locke's property rights labor theory, personality theory of property rights by Hegel, pragmatism and economic incentive theory, Rousseau and Kant's social contract theory and the contract theory of patent law, focusing on these basic theory and the relationship between the doctrine of equivalents for patent infringement. The third part is the core of this article, I suggested that a complete regulation about applying to Doctrine of equivalent should be divided into two main parts :the conditions of applying the doctrine of equivalents and restrictions of it. According to the logic and the problems encountered in practice, using comparative research methods, comparative analysis current theoretical and practical results about applying to the doctrine of equivalents. Interspersed throughout this part of the corresponding rational theory of intellectual property rights as a theoretical guide, draw a reasonable trade-off analysis of necessary component of regulation about applying to Doctrine of equivalent. Finally, this paper argues with earlier results, in order to create our own regulation about applying to Doctrine of equivalent .The creative point of this literature lies in using basic theoretical as guidance to the specific rules of law, focusing on specific legal rules created for realization of basic theory , make the rational theory of intellectual property rights to guide our in-depth understanding and build a complete regulation about applying to Doctrine of equivalent with practical significance. Meanwhile, by means of comparative study about results of the theory and practice related to Doctrine of equivalent, clarify a series of problems about applying to Doctrine of equivalent. As the main research results, I concluded all aspects above to create a complete regulation about applying to Doctrine of equivalent, including the conditions of applying to the doctrine of equivalents and restrictions of it. At last ,I desire to the results above be helpful for building regulation about applying to Doctrine of equivalent in our country.