On Overcoming The Limitation Of The Doctrine Of Equivalents In The Determination Of Patent Infringement

The doctrine of equivalents is to solve the determination principle of patent infringement, the doctrine of equivalents is of great help for the protection of the interests of the patent owner. However, with the patent application and patent infringement dispute case quantity increasing, the doctrine of equivalents of the intrinsic defects become more and more difficult to ignore, the patentee using equivalent principle of public interest the threat of erosion increased. In order to alleviate this contradiction, it is necessary to make efforts to overcome the limitation of the doctrine of equivalents in the "patent law".This paper mainly discusses the limitation of the equivalent principle through five parts. The first part is the introduction, mainly introduces the domestic and foreign research on the principle of equivalence and its limitations. In order to summarize the disputes of the problems that arise in the application of the doctrine of equivalents, and to limit the application of the doctrine of equivalents in order to overcome the limitations of the doctrine of equivalents.The second part introduces the meaning of the doctrine of equivalents, theoretical origin and development of the status quo. Focus on the principles of the equivalent of today's application of rules and standards to explain, and the law as a part of the identification of the equivalent identified standards put forward their own point of view and interpretation.In the third part, it explains the essence of the doctrine of equivalents, that is, an explanation of the claim of the right. Then, through the elaboration of the value pursuit of the patent law, the reason of the limitation of the doctrine of equivalents is revealed.The fourth part is the methods and means to overcome the limitations of the same principle. First introduces kinds of means to overcome, then to limit the equivalent principles applicable means-- known prior art defense, principle of estoppel, principles of contribution and specifically exclude rules, and these restrictions in the application of the problem of analytical reasoning. After that, the demise of the doctrine of equivalents in the United States is introduced and an understanding of this phenomenon is presented.The fifth part is about the scope of the application of the principle of the division and the problems in the program to provide solutions.