Research On The Identification Of Functional Features In Patent Infringement And The Determination Of Protection Scope

This paper takes specific cases as the entry point,through the introduction of the concept of the principle of donation,the scope of application,standards,and so on,combs the development process and application of the principle of donation.At the same time,the differences between the domestic donation principle and the non-regional countries,such as the United States,which apply the donation principle,are studied through comparative law.On the basis of analyzing the current situation of the application of the patent donation principle in China,this paper further analyzes the shortcomings of the application of the patent donation principle in China,and at the same time draws lessons from the application experience of the United States of America,and preliminarily puts forward the defects of the application of the patent donation principle in China.In the end,this paper puts forward some Suggestions to improve the application of this principle in China.This paper is divided into three parts.The first part is about the donation principle in patent infringement application of the typical case introduction,mainly analyzes the trial results of the case and the focus of the dispute.In the second part,the concept of the donation principle and its causes are sorted out,and its application scope,application standards and application limitations are elaborated in detail.Meanwhile,the focus of the dispute in this case is further analyzed,and the situation of whether the donation principle is applicable and the impact of the application of the donation principle in the judgment are deeply analyzed.The third part is the rethinking of the application of donation principle in China.This part is divided into three points: first,according to the application status of the principle,through case analysis,summarizes the shortcomings in China's application practice,refined its application process in China's legislative and judicial problems,analyzes the application of the principle of donation in China's patent infringement judgment problems;Secondly,it summarizes the overseas provisions and experience of the donation principle in patent infringement judgment.Third,we should learn from overseas experience and combine with China's national conditions to construct a perfect path for the application of donation principle suitable for China's national conditions.