On The Applicable Conditions Of The Principle Of Equivalence In The Determination Of Infringing Inventions

Nowadays the patent system is developed with great improvement,the significance of patent rights is also increasingly prominent,in order to circumvent the law,many counterfeiting behavior is not a blatant imitation of the same,but to omit or change the technological features of the patented invention.Does such inferior invention constitute patent infringement?On the one hand,in the current judicial practice,most people think that the inferior invention does not constitute infringement according to the doctrine of equivalence,so that according to the "all elements rule" such inferior invention can not be considered to be infringement.However,to imitate the patent technology in a way that is inferior is the circumvention of others' patents,allowing such counterfeiting activities might lead to insufficient protection of patentee's rights,which may not realize the aim of patent law and will undermine the enthusiasm for innovation.Therefore,the application of the doctrine of equivalence in determining the infringement of inferior inventions essentially involves the balance of the interests of patentees and the public interests.What are the problems in the application of the doctrine of equivalents in the infringement of inferior invention?How to improve the application the doctrine of equivalents to the balance between the interests of patentees and the public interest in the regulating counterfeiting,so as to achieve the purpose of the patent law to stimulate innovation?First of all,through the analysis of the application the principle of equivalents in our judicial practice,this paper makes clear the different reasoning in judgment and the various factors taken into consideration in different cases,and points out the problem of the application of the same principle to the infringement of the inferior invention.Then,through comparative research,it explores the different values on which the application of doctrine of equivalents in the UK and the USA.Can the inferior inventions be regulated by the market itself without the intervention of the law?This paper adopts the perspective of legal economics,and take the maximization of the overall social income as the binding goal.On the basis of reasonable hypothesis,it is concluded by mathematical model that different modification inventions have different effects on society,and different original inventions have their corresponding protective measures.The scope and intensity of patent infringement protection should be coordinated with its degree of innovation and contribution.In applying the principle of equivalents,when determining whether an inferior invention constitutes infringement,a distinction should be added to the consideration of the value of the patent so as to distinguish the scope and intensity of patent protection.