On The Doctrine Of Equivalents And Estoppel Conflict And Coordination

The Doctrine of Equivalents refer to infringers pursue the same effect through the methods which has a different type but in essence the same. The doctrine of equivalents in the long process of development for the patented invention encouragement is extremely significant, the doctrine of equivalents has also received many restrictions, such as prior art defense, donation rules, estoppel principles.Estoppel is very obvious to limit the role of the doctrine of equivalents. The so-called principle of estoppel is that changes in the approval process of the patent application, the applicant made an application for a patent and a statement of opinion made for the notification of the Patent Office review its scope of patent protection to certain restrictions. Applicants who have to modify the claims made to modify a statement of opinion, then the patent is invalid or tort action, the alleged infringer can be recorded in the patent document, requested the Court to make a consistent interpretation of claims. Estoppel principles and limit the role of the doctrine of equivalents is obvious, but not in any case the principle of estoppel do not apply the doctrine of equivalents.After in-depth research, the principle of estoppel to limit the doctrine of equivalents should be a completely restricted, the law clearly estoppel principle of priority, while allowing certain exceptions appear. Estoppel and the doctrine of equivalents conflicts rooted in both jurisprudence conflicts, solve the problem of application of the good of both, the key is to understand the basis of its jurisprudence. Estoppel on behalf of the public interest, while the same principle of Han-interest orientation of the strong protection of private rights. In theory, the theory of balance of interests given the ideal state of the public interest and the protection of the personal interest of an equitable principle of estoppel conflict provides the theoretical support of the jurisprudence, but also to solve the equivalent. The effective contact of the Patent Court and the patent administration department in the system should be strengthened, timely changes do not meet the spirit of patent law, patent claims and to strengthen the protection of the interests of the public trust for the patent disclosure document. Secondly, the establishment of the necessary means, the patent applicant for patent examiners to dispute part of the priority is to achieve a balance of interests for China’s SMEs innovation capability enhancement is an effective way to promote. The development of the doctrine of equivalents has entered a gradual specification stage of history, an overall trend to limit the doctrine of equivalents and estoppel to limit the role of the doctrine of equivalents has been further strengthened, but the same principle would no longer be a short time to roll over stage. Two long-term entanglement is the field of patent infringement a permanent state of existence.