On Numerical Values And Ranges In Judgment Of Patent Equivalents Infringement

Doctrine of equivalents enjoys a very high position in the judgment of patentinfringement and it is a jewel in the patent law. While in the recent decades, with the wideapplication of number and numerical range limitations patent in the new areas and industries,the judge to doctrine of equivalents is facing a new problem. Yet, due to the lack of legislativetechnique and practical experience, we have not formed a system for the practical developmentof doctrine of equivalents in the number and numerical range limitations patent, nor a deeptheoretical study. Applying the unpublished Guidelines for Patent Infringement by the HigherPeople’s Court of Beijing in2013and analyzing the academic principle of numericallimitations patent and doctrine of equivalents, the paper has a key analysis to the latest trialjudgment in America of doctrine of equivalents in numerical range limitations patent; has acomparative illustration combining the judicial practice of the judgment to patent infringementin China; clarifies whether the doctrine of equivalents is applicable to the numericallimitations patent, and decides how to judge the doctrine of equivalents and set the limitations.The paper mainly includes the following four parts:Partone clarifies the relevant concepts and theoretical principles of the numericallimitations patent and the doctrine of equivalents, analyses its essence and tries to find its dueposition and study meaning based on the original doctrine of equivalents, and in this way, itcan lay a theoretical foundation for the following comparative analysis and exploration.Part two combines the status of the legislation in China and America and has a analysis totrial judgment of doctrine of equivalents in numerical range limitations patent, so that we cansolve the problems in the doctrine of equivalents in number and numerical range limit in amore objective and comprehensive way.Part three reasonably deliberates the reflected problem according to the comparativeanalysis to the trial practice in China and America; and also it explores the inspiration to thecurrent legislation and relevant regulations in China.Part four is based on the theory and practical analysis of the preceding parts and tries to give some advice for the relevant practice in combination with the specific national conditionsin China.