On The Application Of The Doctrine Of Equivalent In The Infringement Judgment Of Product Patents Of Chemicals

As one of the most important legal principles in the infringement judgement of the patent system at home and abroad,The doctrine of equivalent has always been controversial.Because of fuzzy boundary of the judgment of the patent right,it is still in the continually developing change at home and abroad,and not forms a set of mature applicable rules.Specially,in the infringement judgment in the field of medicine,the stipulation of the "Three consistency standards of means,functions and effects" which is applicable for the doctrine of equivalent is relatively simple in china and there is also no specific and systematic regulation on the specificity of drug patent,So it is necessary to study the application of the doctrine of equivalent in the field of chemical drug Patents.This article firstly analyzes the applicable standars of the doctrine of equivalent from the perspective of jurisprudence,including the study of the content standard,the time standard and the main standard,and obtains the applicable standards of the doctrine of equivalent.Secondly,this article analyzes the applicability of doctrine of equivalent in the Infringement Judgment of Product Patents of Chemicals based on the case analysied from the perspectives of drug compounds,drug crystal forms and pharmaceutical compositions through three cases.By analyzing the application of the equivalent principle in the patent infringement judgment of chemical products,it also puts forward the Standards and supporting messures for applying the the doctrine of equivalent in the field of Product Patents of Chemicals in china.Through improving the application of the the doctrine of equivalent in the Infringement Judgment of Product Patents of Chemicals,it is helpful to judge the boundaries of patent rights,improve the foreseeability of patent rights of pharmaceutical enterprises,and also make clear the boundaries of activities such as the preparation of chemicals relatively to the people.