Research On The Application Of Prosecution History Estoppel In Patent Infringement

The prosecution history estoppel is an important rule in patent law.Its legal function not only plays a role in explaining claims,but also bears the function of defense in patent infringement proceedings.The academic and practical circles have disputes over the relationship between the principle of anti-repentance and equivalent infringement,the choice of flexible bar and complete bar,and the object,conditions,and scope of the application of the principle of anti-repentance.Reflected in judicial practice,different courts have recognized this principle.Inconsistent results in the status of different cases in the same case.The author analyzes the current status of the application of the prosecution history estoppel in China by studying the judicial interpretation of the Supreme People's Court,the infringement judgment guidelines and judicial precedents of the provincial high people's courts.The actual situation that the level of patent writing needs to be improved is the position.Combining the relevant systems and jurisprudence of the US prosecution history estoppel,it is concluded that the prosecution history estoppel and the equivalent principle are independent of each other,can be applied to the same infringement,should be flexible and excluded,and are applicable to technical characteristics The conclusion of the sequential thinking of the principle of prohibition of retrogression is divided into applicable conditions and restricted scope,with a view to putting forward perfect suggestions for the existing problems and deficiencies of the application of the prosecution history estoppel.