The Same Principles Of Patent Infringement

With China’s rapid economic development, the increasing number of patent infringement disputes. When the Court in such cases, especially for the prominent place the same principle. How the patent application to determine whether the doctrine of equivalents infringement, in the equal application of the principle, how to balance between patent holders and the public interest, is a question yet to be clarified. UN demands for the development of the Chinese legal system helpful. These measures include:harmonization of legislation and improve the same principles apply to specific criteria; set up a special patent court of second instance, the judicial protection of the unity of the trial; strict claims in writing, to eliminate the uncertainty on the same principle applies to external factors; improve the quality of judges, an accurate grasp of the application of the doctrine of equivalents.This article is divided into five chapters:The first chapter; The second chapter is a typical case of the doctrine of equivalents analysis; third chapter of the same principles of patent infringement in the use of trial practice, including the specific criteria applied by the Court of China and the main problems; fourth C the analysis of the patent system in some countries abroad, a number of suggestions after suggestions; Chapter V Summary and Outlook.This is an important innovation is a patent attorney’s perspective, starting from the typical case, the "Wang Sirui v. Liu Weiping, Zhejiang Spring Door Industry Co., Ltd. patent infringement case" as the research to analyze the legal problem of the same principles applicable to our current situation and existing problems, including:、the doctrine of equivalents exists the risk of abuse.