On The Application And Limitation Of The Doctrine Of Equivalents In Patent Law

The doctrine of equivalents is an important but very vague doctrine for judging the boundaries of patent rights.The doctrine of equivalents is still in constant development and change,so far there is no unified and mature views and rules.However,this doctrine has a crucial role in the determination of patent infringement.This paper hopes to figure out how to use the doctrine of equivalents.This paper first analyzes the formation of the doctrine of equivalents,analyzes the doctrine of equivalents from the perspective of jurisprudence,the relationship between the doctrine of equivalents and the interpretation of claims and the relationship between patent authorization are studied,and then summarizes the application and development of the doctrine of equivalents domestic and foreign.The applicable conditions and scope criteria of the doctrine of equivalents.Finally,on the opposite doctrine,the doctrine of estoppel,donation doctrine and all elements rule analysis.This paper from the perspective of jurisprudence,traced back to the source,as applicable rules in order to obtain the doctrine of equivalents with legislative intent.And try to analyze the basis and scope of patent equivalence from the perspective of patent examination authorization.Try to incorporate patent creative heights into the equivalent width gauge rules.From the perspective of comparative law,this paper analyzes the development and utilization of the doctrine of equivalents at home and abroad.This paper argues that the doctrine of equivalents is actually in order to ensure the fundamental interests of the public,while to transfer the short-term interests of the public,to ensure that the patent can be effectively protected.Its practical significance is that there is no need to swing in the interests of the public and the interests of the patentee.In the application of the doctrine of equivalents,the main consideration are two aspects,the stability of the right and the substantive validity of the protection.