On The Doctrine Of Equivalent In Patent Infringement Judgement

The doctrine of equivalents is an important judicial principle which was put forward by American Court in the practice of Patent Infringement.It has a history of nearly 200 years and it has grown into a rather perfect theory system.The doctrine of equivalents has being accepted world-widely under the influenee of America.Facing the absence of detailed legal interpretations for the doctrine of equivalents,therefore,it is of great theoretical and practical value to explore the applicable situation,applying methods and limitations by researching the basic theory and related cases of the western countries as well as the judicial practice in China.This paper includes three parts:preface,main text and conclusion.The perface through the analysis of cases to indicate the problem of doctrine of equivalents in China and the significance that regard it as research object.This main text is composed of three parts.The fist part:overview of doctrine of equivalents include the concept of doctrine of equivalents, leading cases regarding doctrine of equivalents in different period are selected and summarized,from where the attitude American courts toward doctrine of equivalents can be found in that corresponding period,to determine the statues of doctrine of equivalents in Patent System.The second part:The application of the doctrine of equivalents researches how judicial practice use the doctrine of equivalents,and it is divided into two sections.Determining the time of equivalence infringement so as to decide the time of as that of equivalence infringement; Limitations to the doetrine of equivalents discusses the principles used in restricting the doetrine of equivalents, Prosecution history estoppel and Prior art counterplead doctrine. The third part:The domestic situation of legislation and justice relating to doctrine of equivalents is presented,and some suggestions are made to perfect the application of doctrine of equivalents in the future in China.