The Tort Judging Principle And Practice Of Invention Or Utility Model

The founding of the patent system of Chinese are mainly transplant other countries’laws according to the reality of the situation of China, the patent system in the Chinesepatent law field has been constantly improved, but with the development of marketeconomy, the patent infringement behavior but also increasing fiercely, to judge thediversity of tort also become more and more difficult to operation according to the PatentLaw, the judge needs to the provisions of law to support. This paper compared with thedefinition of the protection scope of the other countries from the view of the protectionscope of the patent of invention and utility model, and under the protection scope,summarized and analyzed the several judgment principles about patent infringementfrom several aspects, the principles include universal coverage principle, equivalentprinciple, principle from each designated in excess of the principles, and display the patentinfringement of judging principle concept and suitable conditions in three-dimensionalvisual, and the applicable restrictions. Finally, according to the application of the principleof infringement and limits of the invention or utility model, how to perfect the relatedprovisions that aimed at the applications and limits of our country patent laws.