The Doctrine Of Inferior Invention In Judgement Of Patent Infringement

With the advent of knowledge economy and the development of economic globalization,patent infringement has many forms," inferior invention" has become a new form of patent infringement,this paper is divided into four parts,the first chapter is the main features of the inferior invention definition and inferior invention principle.The "inferior invention" is mainly divided into two forms: the omission type and the replacement type.The invention in the omitting type,omitted some technical features of other technical features remain unchanged,still can form a complete technical scheme and technical features of the omission of the original scheme is covered,and the functions and effects of modified technical scheme after inferior to significant deterioration in the replacement type;bad behavior,replace the technical features of the original scheme(including the necessary technical features and including non essential technical features)and a new technical scheme,the replacement of technical characteristics and original scheme can blend with each other,constitute a new integrated technology solution.The third chapter mainly introduces the invention of principle as the theoretical basis of tort,first carries on the analysis from the micro level,the number of columns China intellectual property related legal provisions for domestic patent applications and patents and affect the number of patent infringement cases,explore the impact of legal policy impact on the market in the patent and patent quality,to the establishment of the invention law tort which produce important influence on the patent market;secondly,the macro level from the law and economics analysis theoretical basis of the invention principles.The fourth chapter is case introduction standard invention principle,the first is from the judicial practice in China were identified omitting type "inferior invention" and replace type "inferior invention",explore the invention behavior in the judicial practice of the judicial judgment and social impact;second is doctrine of inferior invention in theory should be how to determine the standard.The fourth chapter mainly introduces the relationship between the doctrine of inferior invention and the principle of comprehensive coverage and the doctrine of equivalents and the relationship in the invention principles in the specificapplication of existing technology,estoppel,principles of contribution,is summed up the necessity of the invention principles as the principle of infringement of the independent.