Application Of Specific Exclusion In Case Judgement Of Patent Infringement

The rapid development of science and technology and economic globalization today, the patent as an important part of intellectual property, more and more attention of Governments and the international community. The purpose of patent law is to protect the legitimate interests of the patent owner, to encourage inventions and promote the application of inventions, increase innovation capacity, promote the rapid development of science and technology and the economy and society.In a market economy to strengthen and increase awareness of the dual role of technological innovation, the number of patent applications is rising year by year. People enjoy patent rights body, in its patent infringement by others, the most common remedy is to the court filed a patent infringement lawsuit, requesting the establishment of a judgment of infringement and damages, such as the case cited herein.For each case of patent infringement, patent infringement shall, while in the previous case processing mode, patent infringement is almost equivalent to the "equal judgment," that is directly applicable in determining whether the doctrine of equivalents to constitute patent infringement. However, due to the complexity of the doctrine of equivalents applicable, as well as the old restrictions apply the doctrine of equivalents "estoppel" and "prior art defense principle" applies fatigue, resulting in a situation of abuse of the doctrine of equivalents. This article is based on this question as a starting point, combined with the specific case of patent infringement in the principles of the doctrine of equivalents and restricted re comparative analysis, the introduction of restrictions applied the doctrine of equivalents "deliberately excluded" rule, and its were analyzed and discussed.This paper is divided into the following five sections:The first part describes the case, this part of the case were informative presentation, including basic facts, the case is the focus of controversy and court decisions;The second part is to apply the doctrine of equivalents and applicable guidelines were introduced and analyzed as limiting its application "estoppel" and "prior art defense principle" on this basis;The third part is to introduce the "deliberately excluded" rule, this section is to introduce a "deliberately excluded" from the rules of origin, meaning, as well as to determine the scope of patent protection principles for understanding the importance of the rule;The fourth part is "specifically excluded" the establishment and application of the rules, this section focuses on the establishment of the rule, we shall apply and other content, combined with the cases cited herein are applicable analysis.