Case Analysis On Application Of The Principle Of Prosecution History Estoppel

Patented technology is a indispensable weapon for enterprises to participate in market competition, and to seek long-term growth and competitive advantage.Vigorously strengthen patent protection needs to help enterprises establish protected external environment to benefit innovation in system. On the external level, in particular, we should improve the relevant laws and regulations, and further enhance the scientific nature of the patent system. In judicial practice,although the doctrine of equivalents are applicable, judges often are not familiar with technical issues in the application of the doctrine of equivalentsJudges largely dependent on expert knowledge of relevant professional or professional experience, which gives the patent infringement subjective judgment.This thesis tries to prove the proposition discussed below through three main stepsrthe principe of prosecution history estoppel should be forboded as an independent tort criteria in judicial practice, and the principle of prosecution history estoppel as a method of claiming interpretation should be strengthened. Effectiveness of scope of rights and the patent claims should be the same, on this basis, to establish patent publication and inspection system which match with the principle of prosecution history estoppel.The first chapter firstly introduces first trial, second trial and retrial of the case of a significance case. Secondly, the author proposes the disputes which about the effectiveness.of history estoppel applied to patent prosecution and legal status of application attained to the principle of prosecution history estoppel.The second chapter of this thesis re-interpreters and combes the application of the principle of prosecution history estoppel, and the prosecution history estoppel and the doctrine of equivalents relations based on the basic idea including the fact, values and logic of the trinity, and comments the relevant legal systems of the principle of prosecution history estoppel.As a conclusion, the third chapter summaries several conclusions of the patent infringement judicial practice about prosecution history estoppel applies, and puts forward suggestions.