Study On The Reverse Equivalence Principle In Patent Infringement Judgment

Under the modern patent legal system,the principle of universal coverage is the most basic legal principles when all countries in the world of apply for patent infringement judgment.For the patent holder,patent claim is the declaration of rights,which can define the rights of boundary effect through making the patent protection scope.If an alleged trespass enters the boundary of the right without authorization which completely reproduces all the technical features recorded in the requirement of a patent right,and the trespass will constitute infringement.Specifically,through the goal of the technical scheme of patent right to claim for the literal interpretation,and accused of infringing content for technical comparison,if the two constitute a one-to-one correspondence or accused of infringing content covers the all the technical elements,target patent will constitute infringement.However,the patent infringement determination principle of universal coverage often has its inherent defects,one is limited to the patent claim the literal interpretation of the book,not enough protection of patent,the principle of relying on literal infringement in practice;The second is to overdo patent protection and discourage the public to invent and innovate.In the first case,the current has basically formed a consensus around the world,namely uses the theory of equivalent principle of universal coverage principle,used to judge whether a patent infringement.That is to say,the principle of universal coverage should be followed by the principle of equivalent infringement.It is a mature theory to judge patent infringement by the theory of equivalent principle,and the author has done an in-depth analysis and research in the past.In view of the second case,the author believes that the theory of reverse equivalence principle can be applied to revise the comprehensive coverage principle.It is a pity that in the judicial practice of our country has not established the principle,at present our country academic circles also seldom to reverse deep research and discussion on the theory of equivalent principle,the article is in the background.This paper consists of three parts:In the first part of this paper,the author will study the relevant theories of the principle of reverse equivalence.Secondly,the causes and inherent nature of the principle are analyzed.At last,the author will discuss the relation and difference between the principle of equality and the principle of reverse equality,and interpret the principle of reverse equality in detail through the above analysis.The second part of this paper will focus on the emergence and development of the principle of reverse equivalence in America.Then it introduces the case of greif oil tank manufacturing company and linde aviation supplies company,and discusses the formal establishment of this principle.Next,we will discuss the difficulties encountered in the development of this principle in the United States.Finally,the application of the principle in the United States is introduced.The third part of this paper will discuss the establishment of the principle of reverse equivalence in our country.Secondly,the necessity of establishing the principle of reverse equivalence is discussed.Thirdly,it analyzes the influence and reference of American principle of reverse equivalence on China.Finally,from the administrative,legislative and judicial levels,the author puts forward some Suggestions on establishing the principle of reverse equivalence.The author hopes that by legally establish the status of this principle,as the patent infringement determination program link in parallel to the equivalent principle,will make a patent infringement determination process more scientific and reasonable,let the patentee and accused the rights of the person who are able to get a more fair and protection,through equity patent holder of patent monopoly and social public interests,so as to realize the great development of China's patent technology.