An Analysis Of The Patent Infringement Dispute Of Gree Inc.v.Midea Inc.

With the development of science and technology,the patent rights have gradually entered the public's vision,accompanied by the increasing number of patent disputes.In China,there are some problems in the determination of patent right,such as the criterion of judgment is not uniform,the principle of application is too abstract,and the judge's discretion is too large.Gree Inc.v.Midea Inc.case(Hereinafter referred to as "the case")is a typical patent infringement disputes,the core issue is that the alleged infringement of the product used by the technical characteristics of the patent involved in the scope of protection.First of all,to define the scope of the rights of patent protection,China applicate the principle of compromise on the protection of patent rights to define the scope.Then the scope of protection of the patent right not only to make a literal explanation of the claim,the instructions and drawings should play a role in explanation.Secondly,the technical characteristics of the allegedly infringing products and the technical characteristics included in the scope of protection of the patent rights involved are compared in the order of the comprehensive coverage principle and the principle of equivalence.In general,patent infringement cases constitute a direct infringement is less possibility,and the application of the principle of equivalence are more vague,and in the judicial practice that the standard is not unified.In this case,the court in the first instance and second instance on whether it constitutes an equivalent infringement on this issue has a very contrary to the identification.Moreover,since the patent right from the point of view of the protection of the right holder,the application of the principle of equivalence to determine the infringement,it is bound to need to be limited,such as the trial of patent disputes,the defendant often put forward the Prior art defense.The Prior art defense is the most common patent infringement dispute litigation strategy,but also effective means to limit the principle of equivalence.Finally,the identification of patent infringement damages,but also the difficulties in patent infringement cases trial process.As the patent infringement case plaintiff there is a difficult problem of evidence,in the proof of its actual loss is particularly evident,so most of the patent infringement damages are based on statutory compensation to determine,resulting in the plaintiffs loss has not actually been made up.