A Case Study On The Constitutive Elements Of Patent Equivalent Infringement

The principle of equivalence is a very important principle in the judgment of patent infringement.In 2001,the principle of equivalence was introduced into judicial interpretation in China.After more than ten years of development,a relatively fixed principle of the identification of equivalent infringement has been formed.The principle of equivalence originated from the judicial practice of the United States.The development of the principle of equivalence in China also fully draws on the experience of the United States.China is a big patent country,and the emergence of the principle of equivalence is also in line with the pace of the development of social science and technology.The establishment of the principle of equivalency in China is to regulate those acts that cover all aspects of patented technology through simple replacement.With the increase of patent application authorization in China,considering that the principle of equivalency may be overused in judicial practice,the principle of existing technology defense was added to the newly amended Patent Law in 2008,and the application of the principle of limited equivalency was clearly defined in the judicial interpretation in 2009 Principle of Estoppel and donation.Now the principle of equivalence has been developed and improved in China every year.First of all,this paper introduces the influence of the origin and development of the principle of equality in the United States on our country,the legal principles contained in the principle of equality,and expounds the positive role of the principle of equality for our society through the principle of interest balance and the principle of fairness.Secondly,it introduces the application scope of the principle of equivalence,the comparison of technical schemes and the standards of the determination of the same infringement.In the fourth chapter,the application of the three basic elements of "means function effect" and "obvious" in the judicial practice is analyzed.Then,the application of the principle of equality in the specific judicial practice is analyzed on the positive or negative conditions of the principle of equivalence,specific cases are attached to explain its application.At last,the author puts forward some suggestions to solve the problems in the case analysis,hoping that the judicial organ can be more persuasive in the application of the principle of equivalence.