On The Application Of Doctrine Of Equivalent In Patent Claim Interpretation

Among the entire patent system, the protection for patent is undoubtedly occupy thecore position, and the premise of effective protection is to delimit the scope of theexclusive rights of a patent holder. Internationally accepted practice is to use theclaims to define the scope of patent protection, then from the application toexamination and patent protection, the claims become the most important elementsand interpretation of the claims must be completed in every unit especially during theinfringement identified progress.The most important interpretation way of the claims is literal interpretation, that is,strictly follow the literal meaning of the claims, however, in practice, more and moreinfringements choose to make non-substantive changes on patent technologies, whichled to the result that literal interpretation can not meet the purpose of giving fullprotection to the patentee, as for this reason, doctrine of equivalents came into being.Using equivalent principle to explain the claims can expand the patent which can alsogive the patentee a wider range of protection, so many countries have chosen to applythe doctrine of equivalents, and constantly improve the theoretical study of it.However, the doctrine of equivalents in our country is still a lack of correspondingregulations, also lack of uniform standards in the trial, in this situation, on the basis ofanalysis and comparing of the principles and methods of claims interpretation,whether it should apply the equivalent principle and corresponding provisions of theworld’s major countries of the doctrine of equivalents, this paper put forward thatChina should be strictly apply the doctrine of equivalents, and establish clearstandards to prevent its abuse.The body part of this paper has been divided into four chapters.The first chapter is the introduction part, including research background andsignificance, domestic and international literature review, research methodology, andinnovation points.The second chapter is the basic theory of claim interpretation issues, as well as thediscussion of whether the doctrine of equivalents should be applied to the patentclaims interpretation; The third chapter is the concept and legal basis of the doctrine of equivalents, and therelated theories and regulations in United States, Britain, Germany and Japan, besidesa comparative analysis and summarized on the provisions of the four countries.The last chapter analysises the question that how to apply the doctrine of equivalent inChina. Firstly studying our nation’s economic foundation, put forward our countryshould be strictly apply the doctrine of equivalents, on this basis, make somerecommendations on the standards, scope and equivalents restrictions.