The Analysis Of "Fire Insulation Shutter" Invention Patent Infringement Case

With the progress of scientific technological and the development of social economy, protect of the legitimate rights and interests of the patent, and the encourage of invention patent protection get more and attention, so far from China's accession to WTO, the number of patent infringement case are increasing every year. Decision problem for patent infringement trial in patent infringement cases is the key issue, but clearly relevant legislation is lack of specific requirements, such as the newly revised "Patent law" and did not make provision for the application of the doctrine of equivalents, but the same principle in judicial practice is frequently applied by the court; The newly revised "Patent law" Although the first time, the prior art defense system, but did not defend the principles of the existing concrete application of technology to further clearly defined. Caused by the lack of legislation in the judicial practice, the patent infringement is difficulty and not uniform.This paper combined legal principles and laws and regulations of "fire insulation shutter" invention patent infringement case in-depth legal analysis to identify both the original defendant, the case focused on controversy and problems, according to the actual situation on the improvement of patent infringement in China proposed system to determine a workable proposal. This article is divided into three parts:The first chapter introduces the Beijing yingtelai mogen Co. v. the Beijing Deyuan product door and window factory patent infringement disputes and the invention of focus of analysis to identify the existence of legal problems. Chapter III researched the case with existing principles of law on patent infringement of the legal issues, and finally puts forward a number of recommendations, expected to rise to the attention of relevant state departments.