The Application Of The Principle Of Estoppel In Patent Infringement

Estoppel is an important principle in judging patent infringement, but also animportant means of defining the scope of patent rights. Some countries have formed acompleted theoretical system of this principle, for example the United States hassummed up a set of applicable rules of estoppel in the trial of the FESTO. NowChina’s patent law does not provide for estoppel, but this principle has long beenapplicable in judicial cases. Judicial practice shows that we cannot accurately applythe principles in patent infringement litigation because of lack in patent law. Both thetheoretical study or the judicial practice of the principle of estoppel cannot becompared with developed countries, it cannot meet the country’s booming field ofpatents. This thesis begins from the meaning and value of the principle of estoppel,analyzes the problems when we applied the principle and makes recommendations forapplicable rules of the principle, aims to improve the application of this principle inour patent infringement litigation. This paper is divided into three parts, introduction,body and conclusion section.Introduction section is intended to express the purpose of this writing. Body partis the main part of this article, consisting of three chapters, describing the meaning ofestoppel and its important role in patent infringement litigation, summarizing the principles applicable rules in our country, analyzing the problems in principleapplicable, finally, making recommendations.The first chapter is to describe the meaning of estoppel and the value in patentinfringement litigation. The contents of the chapter is divided into three parts, firstclears the meaning of estoppel, then analyzes the legal basis as well as the value ofprinciple in a patent infringement lawsuit.The second chapter introduces the features of the principle of estoppel applies inour patent infringement litigation. Through a Case, analyzes the situation of estoppelapplies in patent infringement litigation, the applicable premise, procedures andexceptions.The third chapter introduces the issues when the principle is used in patentinfringement litigation. This chapter is to analyze the current situation of theprinciples that apply in our country, as well as controversial theory of pre-existingproblems, and to make recommendations to improve the applicable rules of estoppelbased on the contents of chapter III, aims to improve the applicable rules in patentinfringement litigation.The last chapter is the conclusion on the basis of the first few chapters.