Research On The Doctrine Of Equivalents In Patent Infringement Judge

Patent system is set up to encourage invention, create incentives to creation and protect the legitimate rights and interests right holder, and based on these functions to promote the development of science and technology through disclosing the technology information. However, in practice, it is rare to see the infringement by completely copying the product or technology information of right holder. Most of infringements are disguised by legal action or constitute actual infringement via circumvention means, on the basis of aforementioned situation the doctrine of equivalents came into being. The doctrine of equivalents established according to the perfection of patent system and the needs of patent judicial practice is an important principle. It has witnessed about one hundred or two hundred years development, formed an mature and consummate theory system and acted as an significant tenet to judge patent infringement. Through comparative analysis of its theory, development history and application and limitation, this paper propose reasonable advice to the perfection and development of it. Four parts constitute the text of this paper:The first chapter outlines the doctrine of equivalents, this chapter introduces the concept of the doctrine of equivalents, the same principles of history, theoretical basis of the doctrine of equivalents, patent rights protection..Chapter II studies on the application of equivalent doctrine. This part is the keystone of the paper, because it is very difficult to apply the doctrine. This part lays stress on the application condition, application actor, application subject matter, time determination, special circumstances and extension of the doctrine of equivalent.Chapter third works on the limitation the doctrine of equivalents. This part is also the pivot of the paper. In this part, limitation circumstance in the process of Equivalent Doctrine application, the Principle of Estoppel, public technology defense, predictable principle and donation tenet are introduced.Chapter four V researches on the development and perfection of equivalent principle in China This part introduces the its development, legislation status and perfection advice.