On The Application Of Doctrine Of Estoppel In Judgment Of Patent Infringement

Nowadays, the countries competition to a large extent reflects the competition for the ability of scientific and technological innovation, the inventions of patent disputes is increasing. China not only to enhance their technological innovation, but also should improve its patent system, forming a complete scientific legal system. And use the law to enhancing the capability of creation, utilization, protection and management the patents. The core area of the patent law is the patent infringement judgment. There are several principles of patent infringement, which includes the principle of universal coverage, the doctrine of equivalents, excess specify principles and estoppel. I found that the first three principles both in theory and in practice have comprehensive study. Relatively speaking, estoppel theory has not got enough attention by the scholars, and many of the theoretical problems have not solved. Meanwhile, due to the short period of development of the patent system, lacking experience, there is no standard provides which is easy to operate in how to apply the principle of estoppel. This situation causing confusion in the application of this principle in the legislation of patent infringement, it is become a major flaw of the patent system.In order to solve the above problems, improve our patent system, this article from the following aspects to study.Part Ⅰ:study of the history of estoppel, its concepts, the legal basis theory, and the relationship with the principles of equivalents. This part is the basic theory of estoppel form a correct perception, and lays the necessary theoretical foundation for further study below.Part Ⅱ:analyzes the applicable prerequisites and applicable cases of estoppel in the in Patent Infringement. This section summarizes the basic conditions of applicable estoppel in judicial practice, and combined with a detailed analysis of typical cases which applies in three situations in patent infringement. Part Ⅲ:Introduce and analyze the legislation and jurisprudence of concerning estoppel in the United States and Japan. In this part using comparative methods, have a whole grasp the relations and differences on the application of the principle of estoppel between China and the foreign countries.Part Ⅳ:Summary the judicial status quo of applied estoppel in patent infringement, to solve the existing problems, the author puts forward the corresponding improvement suggestions.