A Study On Improved Patent Technology Infringement

Improved patent technology is the formation of new advanced technology which has new character and advantage, based on the effective patented technology products or patents method, with the creation or optimization of technology. Improved patent technology related to infringement means the new technology from the improvement of patent technology may form tort. The types of infringement of improved patent technology are the direct infringement and indirect infringement, the principle of imputation of it is the main theme definition principle, and the principle of judgment of it are comprehensive coverage of principle and the principle of equivalent. Patent technology improvement as a technical innovation at the present stage of our country exists generally. The relationship between patent technology improvement, technical innovation and the inheritance, blending, interactive of intellectual property, and the research on improved patent technology related to infringement are of great practical significance in terms of technology innovation in China at the present stage and long-term economic development. The reality and complexity of the infringement of improved patent technology make it difficult to identify, and China’s current legislation and practice in this respect is still not perfect. In the field of patent protection, Center definition principle, peripheral claiming principle and subject content definition principle are the foundation of judging infringement of patent, comprehensive coverage of principle and equal principle, estoppels principle are the general principles of the infringement of improved patent technology, exhaustion of rights and acquiescence are defense principle to infringement. China’s patent law stipulated in section eleventh the improved patent technology which has not right is constituting infringement, which can protect the right of the obligee, but against encouraging innovation which is the purpose of legislation and stipulated in section one of China’s patent law, also caught in the paradox of advanced technology infringing backward technology rights. Therefore, appropriate intervention strategies from the Japanese government about improved patent technology, is worthy of our reference. At present, China’s patent licensing system on patent technology, and improvement of legislation, judicial interpretation and law enforcement practice, all need to refine and clear, in order to enhance its operability.