The Application Of Doctrine Of Estoppel In Judgment Of Patent Infringement

With the economic globalization and science and technology with each passing day,the original national patent system has been a huge impact,and then be amended and improved.In particular,the doctrine of estoppel of patent infringement has been improved and played an increasingly important role in judicial trial.Especially in the United States after the famous Festo case,the case caused by the United States and the world academics and practitioners of the enthusiastic debate on the doctrine of estoppel gradually become clear,the relevant rules to be clear.At the same time,there are many scholars in China's academic circles to the doctrine of estoppel in-depth study,combined with China's national conditions have made a wealth of research results and judicial practice put forward valuable theoretical guidance and recommendations.However,China's "patent law" has so far not from the legislative sense to determine the legal status of the doctrine of estoppel,the relevant rules are only scattered in the Supreme Court of judicial interpretation,the District Court of the trial guidance and specific cases,The application of the doctrine,the applicable rules,the applicable standards,the applicable restrictions,etc.,have not been clearly defined,resulting in repeated confusion in specific judicial practice.In view of the current situation,this paper aims to follow the theoretical road that has been laid out by scholars at home and abroad.Based on the existing research results,the existing problems and the new problems are put forward,and the judicial reality of China is proved.This paper mainly through the literature research methods and empirical research methods.Based on the existing research results of domestic and foreign scholars,this paper analyzes the existing cases and related judicial interpretations,summarizes and puts forward the comprehensive measures of the legal issues applicable in China,and puts forward the existing cases at home and abroad.To interpret the different issues of concern from different cases,to explore the legal issues of the doctrine of estoppel in the application process,and to analyze the theoretical basis of these problems,adhere to the theory of practice,so as to provide a more ideal and more practical legal system Suggest.This paper attempts to expound the doctrine of estoppel by patent infringement in four parts.In the first part,the author summarizes the doctrine of estoppel,combs the basic theoretical framework of the system,and interprets the system again from the basis of jurisprudence and academic foundation.The second part introduces the basic situation of the application of the doctrine of estoppel in the determination of patent infringement in our country,mainly from whether the court should take the prohibition of the doctrine of estoppel,the application of the doctrine of estoppel,the doctrine of estoppel and the doctrine of equivalence To discuss.The third part discusses the new problems in the application of the prohibition of the doctrine of estoppel,mainly involves the consideration of the doctrine of the doctrine of estoppel,the modification of the super-range,the problem of other areas of invention,and the application of the doctrine of estoppel to the same infringement.The effects of the doctrine of estoppel and so on,and finally to the interpretation of the latest judicial interpretation on the doctrine of estoppel.The fourth part puts forward the suggestions on the application and perfection of the doctrine of estoppel in the determination of patent infringement in our country,and puts forward reasonable suggestions on the perfection of legislation,the nature of the doctrine of estoppel and the doctrine of estoppel.