On The Judgment And Restriction Of The Equality Principle In Patent Infringement

As a method of judging patent infringement,the principle of equivalence has become an important rule of judging patent infringement with the improvement of patent system and the efforts of judicial practice.On the basis of drawing lessons from the relevant theories and judicial experience of the United States,China has established the basic rules of application of the principle of equivalence in line with the national conditions,and applied them to practice,dealing with relevant cases,which has played a huge role in the correct protection of patent rights,but there are also some problems.Based on the overview of the principle of equivalence,this paper analyses the relevant procedural issues,and discusses in detail the two aspects of the determination and limitation of the principle of equivalence,hoping to come up with more feasible solutions.The main body of this paper consists of four chapters:The first chapter is an overview of the principle of equivalence.Starting from the conceptual and legal basis,this paper makes an in-depth analysis of the principle of equivalence,combines the development of the principle of equivalence in the United States,and then briefly summarizes the legislative status of the principle of equivalence in China,in order to fully understand the principle of equivalence.The second chapter discusses two procedural problems of the principle of equality in judicial practice.The application of the principle of equivalence is the principle or the exception,and the sequence of the application elements of the principle of equivalence is related to how to apply the principle of equivalence reasonably and effectively.In view of the second problem,it is necessary to combine the analysis of specific elements.Chapters 3 and 4 of this paper will make a concrete analysis of each element.The third chapter is the judgment of the application of the principle of equality.According to the relevant legal provisions and theories,the positive elements are analyzed,and the practical application of the principle is comprehensively commented on in combination with various types of technical characteristics and cases.Finally,the conclusion is drawn that the application order of the positive elements of the principle of equality is stipulated in principle.Chapter IV is the research on the limitation of the principle of equivalence.According to the relevant provisions,three main limitation conditions are discussed,and the points that should be paid attention to in practical application are analyzed.Combined with the relevant cases,the application characteristics of the limitation conditions are analyzed.Finally,the conclusion is drawn that the application sequence of the limitation conditions is stipulated in principle.At the end of the article,the general principle of the application order of the principle of equality is stipulated,hoping to make the determination of the principle of equality more reasonable and efficient on the basis of accurate application of the principle of equality.