The Prosecution History Estoppel In Patent Infringement

In patent infringement litigation, the principle of prosecution history estoppel as arule of law in the patent infringement lawsuit, as restrictive rules to prevent the patentee totake inconsistencies, two of lee’s strategy to apply the doctrine of equivalents.Methodology, this article will advocating the line of research by theory of context, patentinfringement of the principle of prosecution history estoppel into the specific productivity,to origins and grasp of the development and application of the principle of prosecutionhistory estoppel.In content, the beginning of this paper will introduce a case, through the analysis ofthe case, leads to go back on the principle of a series of discussions for the prohibition ofpatent infringement. The first is the prohibition in the patent infringement prosecutionhistory estoppel principles for an overview, including: definition of the concept, thecombing of the historical origins and theoretical basis for discussion on the whole. Thentalks and patent infringement in the application and limitations of prosecution historyestoppel, the focus will prosecution history estoppel principles and patent doctrine ofequivalents a value orientation equitable. Origins and grasp after patent infringement willbe prohibited to go back on the principle of the two legal systems applicable civil law inJapan, the common law in the United States. Finally, this article will perspectivetransferred to the domestic situation in China, and put forward their views and suggestionson this basis.