On The Principle Of Equivalent Patent Infringement

Patent is to protect the legitimate interests of the patentee, stimulate innovation, and make science and technology more open on this basis through the patent system through the core and development of effective ways. Patent infringement, how to determine patent infringement established was unable to avoid the topic. Judge should first determine the scope of rights in tort, is directly related to the size of the patentee and the scope of rights was charged with infringing human rights. Determine the scope of patent rights right to rely on the literal meaning is not required to be able to effectively protect the interests of the patentee, therefore equivalence principle as a tool to expand the scope of patent rights protection appears and is widely used.Patent infringement patent infringement under the doctrine of equivalents was confirmed in the case of alleged infringement constitutes infringement of common methods,, the principles in judicial practice and development, gradually being States with legal form. Equivalence principle originating from the United States, in the application process, is repeated countless times argues that now is still under discussion.Equivalence principle is to balance the interests of the patentee and the balance between the public interest of the community, is at the heart of patent infringement, if there are no applications in the equivalent principles in patent infringement judgment, the consequences are unimaginable. Equivalence principle for request for judgment is extremely high, literacy requires the judge to have both expertise and because of problems involving discretion and requires judgement to have deep knowledge of sociology, to balance the interests of all parties.Theory of equivalence principle mainly include:the criterion of equivalence principle, such as "function--feature--effect" judgment standard,"non-substantive difference between" judging standards,"obvious" criteria; application of the principle of equal conditions. Due to the equivalence principle in extended the rights of the patentee in the practice range will affect legal certainty, gradually affecting the public interest of the community, hence the equivalence principle needed to be a reasonable limit, including the defence of estoppel, public knowledge technology and donation rules.Looking at the application of the equivalence principle, clearly defined by law for the first time are established in2001the Supreme Court with regard to the provisions of law applicable to the trial of patent disputes, in the judicial interpretation, made certain provisions applicable to the equivalence principle. After a few years, developed one after another, until2008, the People’s Republic of China after the amendment of the patent law, judicial interpretation of the new introduction of equivalence principle was retained, but the application is not good, it passed through the review of the equivalence principle development, analysis and application of the principle of equal and reasonable limits to the equivalence principle, hope on the equivalence principle applied in our country to make its own efforts.