The Application Of The Principle Of Patent Infringement Determination Of Donation

The patentee has exclusive right to implement the patent and grant the patentee this right.The purpose is to stimulate or stimulate the enthusiasm of the patentee by giving the patentee a certain interest.However,at the beginning of the birth of the patent system,there was a mission to safeguard the public interest.If the rights of the patentee are protected too much,it will hinder the development of the economy and harm the public interest.In our country,with the development of scientific and technological level,the number of patent applications and authorizations has grown rapidly.Naturally,cases involving patent infringement have also increased rapidly.However,due to the immature development of China's patent system,there are still loopholes in the corresponding legislation,which leads to the emergence of cases involving the abuse of patent rights in judicial practice.Exploring the cause,the application of the principle of equivalence is one of the most important factors.In order to effectively limit the abuse of the principle of equality,in 2009,China officially introduced the principle of donation.The “donation principle” as a legal principle in the determination of patent infringement means that if the patentee discloses a scheme in the patent specification,it does not include or attempt to include it in the patent application approval process.The scope of protection is considered to be donated to the public.When a patent application is authorized,the patentee may not attempt to reintegrate it into the scope of protection of the claim by the principle of equivalence when claiming the patent right.However,since the principle of donation was born and matured in the United States,it is difficult to match our national conditions in a short time after the introduction of our country.Based on this background,after a detailed examination of the origins of the principle of donation,the author carefully analyzed China's national conditions and clearly pointed out the many difficulties that the principle of donation applies in China.With this as the cornerstone,combined with the level of China's scientific and technological development,and put forward specific recommendations for China's national conditions,the application of the principle of effective regulation is of great significance.This paper analyzes the relevant theories of donation principle,and combines the application status and existing problems of patent donation principle in China.In base of the experience of extraterritorial system,I will give my suggestions and specific rules for the application of the principle of donation in patent infringement judgment.Firstly,it makes a detailed examination of the origin,development and characteristics of the principle of donation,and expounds the meaning of the principle of donation.Secondly,it examines in detail the application status of the principle of donation in the determination of patent infringement in China,and analyzes the theory in China.The problems at the level and practice level provide the necessary foundation for the study of the principle of donation;once again,based on the principle of urgent need for donation in recognition of China's patent infringement,combined with the experience that can be borrowed from outside the country,the donation system for the relevant countries.In the end,on the basis of detailed and full textual research,the author draws on the mature theory of other countries and puts forward a series of targeted suggestions on the application of the principle of donation in the determination of patent infringement in China.