Yung-Wei Hsu V. Hua Tuo Solar Technology Company Patent Infringement Analysis

As an intangible property right,Patents can bring huge economic benefits to the patentee, but in recent years, the frequency of patent infringement cases against not only the interests of patent holders related, and returned to technical progress of society caused great negative impact.Judicial practice a product or process to determine whether others to infringe a patent, a key step that should clear is scope the claims, broken into a number of essential components or technical characteristics necessary for the claim,then with the alleged infringer necessary technical characteristics of the products or methods are compared to determine whether the accused infringing technical solution falls within the scope of patent protection. In reality, the scope of patent protection is not easy to identify the scope of patent protection is often as easy as tangible property clearly to be difficult to define, under the law, when the meaning of the existence of vague claims or disagreement, you can use the instructions and drawings to explain the contents of the claims, the specification and drawings, but how to make claims in the interpretation of legal practice and the scale of the problem to be solved in theory. In determining whether the alleged infringing technical solution falls within the scope of the claims, the theoretical principles and comprehensive coverage of the doctrine of equivalents of the points, our judicial practice have adopted all the elements of the so-called rule that only contains accused of infringing the right technical solutions when all the requirements described in the technical features, identified as the possible patent infringement。 However, under the rules of all the elements, the court applies the principle of universal coverage and equal comparison principles programs and patent infringement claims, there are still considerable discretion, therefore they will still appear in different situations co-contracting.The thesis is divided into five parts. The first part of the Yung-Wei Hsu v. Hua Tuo solar technology company in patent infringement cases under review., Through case presentation and final outcome of the trial in this case leads to the focus. The second part is an analysis of the focus of the dispute in this case. Through a combination of theory and the law of the reasonableness of the decision of the Court analyzed the case at all levels. The third part is a legal analysis of the theoretical issues raised in this case. This section from the perspective of balancing the interests of the scope of protection of the rights of the applicable requirements of the principle of compromise and in the applicable patent infringement legal equivalent and meaning behind the principle of in-depth analysis. The fourth part is based on an analysis of the case of a patent infringement dispute reasons. This part of the social dimension and the legal aspects of the issue in the present case reflect a detailed analysis. The fifth part of our proposal is to improve the patent infringement dispute resolution. This part of the problem on the basis of a clear understanding of our patent infringement dispute settlement offer recommendations.