Research On The Application Of The Doctrine Of Equivalents In Patent Infringement In China

The initial intention of the establishment of the doctrine of equivalents is to give thepatentee adequate protection in the patent infringement, and try to seek a balance betweenindividual and community interests. However, Due to the specific applicable standards andmethods of the doctrine of equivalents in patent infringement cases is not clear enough,judges have greater discretion, the result often leads to more casual of the people’s court inthe appliance of the doctrine of equivalents, unduly broaden or narrow the scope ofprotection of the patent, both the plaintiff or the defendant are likely to be adverselyaffected. So, the research has very important meaning for the application of the doctrine ofequivalents in Patent Infringement in China.Based on the problem mentioned above, this paper is intended to discuss the topic ofin which circumstance we should apply the doctrine of equivalents, as well as whatrestrictions we should set on the application of the doctrine of equivalents, hoping to getsome results on the basis of theoretical analysis and then propose some solutions oropinions, to make the application and restrictions on the doctrine of equivalents relativelyobjective. For the deficiencies of the existing provisions of the doctrine of equivalents, thispaper begins with an overview on the research background and significance and currentresearch of the doctrine of equivalents; followed by a simple introduction of conditionsand applicable standards of the application of the doctrine of equivalents, as well as therestrictions on the doctrine of equivalents, and then on this basis, through combined withcase studies and theoretical analysis method, propose some suggestions of how to definefurther the specific application of the principle of equal standard:(1) Set the filing date of apatent as the time reference point of the application of the doctrine of equivalents in apatent infringement judgment;(2) Abolish the principle of donation;(3) Apply the doctrineof equivalents on certain technical characteristics of the claims, on the condition thattechnical characteristics is limited by upper concept or parallel concept.