The Application Study Of Prosecution History Estoppel In Patent Infringement Judge

The United Kingdom law is the origin of the Principle of Prosecution historyestoppel in Patent system, The principle of estoppel is the patent applicant or patenteein the patent examination or invalid applies process, made the narrowing amendmentand statements of opinion which patent claims to meet the requirements of patentlaw,after obtain patents, can no longer advocate apply the doctrine ofequivalents.The principle of estoppel in the patent system is to limit the scope ofapplication of the doctrine of equivalents, The developed countries have formed anumber of important Precedents, Especially the United States, in the FESTO cases,the principle of estoppel has been further improved. At the same time, our country hasnot explicitly stipulated the estoppel principle in the patent law, so that it is’t used verygood in dealing with patent disputes, and also cannot balance the interests between thepatentee and the public. In recent years, although the principle of estoppel is widelyused in China ’s judicial practice, but many problems are still exist, especially the lackof legislative, and solve these problems is the main purpose of this article.This article mainly analyze the FESTO case in the United States, expounds thelatest development of the estoppel principle, At the same time,considering the typicalcases in the judicial practice in China, in-depth analysis existing problems of theestoppel principle in our country, And summary of the reason for the existence of these problemsThis article points four parts. Firstly, summarizes the principle of estoppel,including concepts, Origins and Value. and also expounds the theoretical basis ofestoppel principle and its relationship with equivalent principle; Secondly, through theanalysis of the typical cases of China ’s judicial practice, pointed out the Problems ofthe principle of estoppel Application in China. Again, by FESTO studying in Americaand Japan’s "infinite fold the use of ball spline bearing" case, parsing patentability,and hammered out the differences about the estoppel principle between the UnitedStates and Japan;. Finally, it is mainly aimed at the problems in China ’s patent system,propose the suggestion and recommendations to better solve the patent dispute.