Application Of The Doctrine Of Estoppel In Domestic Judgement Of Patent Infringement

Doctrine of Estoppel, an important principle of patent infringement judgment gradually formed through our long term practice, is applied to reject the patentees’claim of seeking re-protection over any technology that is abandoned during their former patent application or within their patent invalidity procedure. However, due to the lack of provisions in our laws and the uncertainty and inconsistent in the domestic judicial practice, the argument on the applicable rules of Doctrine of Estoppel and its collateral rules of restriction on Doctrine of Equivalents remains and continues. Considering the above circumstances and basing on our national conditions, the author believes that the application of Doctrine of Estoppel and its restriction on Doctrine of Equivalents shall be expanded in our jurisdiction by the adoption of "complete bar rule", which will help achieve the purpose of establishing patent systems and meet the requirements of economic development as well.