The Discussion Of The Standardization Construction On The Patent Equivalent Tort Recognition

The introduction of the equivalent principle applies in China is a relatively short process,compared with the formation of the equivalent principle for system has experienced more than hundred years of development and the formation of a relatively perfect system as well as countries such as Germany and Japan,for the development of the theory of equivalent principle,China's equivalent principle is extremely humble,and for China's current patent system,the equivalent infringement is indispensable part in the patent infringement,which involves the related theory of equivalent principle,judicial decisions and solve the problems in the train of thought,and the application of the relevant restrictive theory of equivalent infringement can provide a necessary reference basis for the development of the same principle in China.Thesis is mainly put forward the standardization construction on the patent equivalent tort recognition,.The equivalent infringement play an important role in patent infringement,countries in the equivalent infringement related theory in the practice of the development of the standard,the equivalent infringement is suitable for China.Therefore,the idea of standardization for the identification of the Chinese equivalent infringement is put forward.Thesis based on the United States and China related judicial practice,to determine standard applicable in the equivalent infringement,and point to it links that exist in the disputes and differences of judgment results were analyzed,and the standards of equivalent infringement,on this basis for the following equivalent infringement standardization system construction to provide the reference.From the entity system and application system to build standardization system of equivalent infringement,entity part mainly in the summarizes about equal,the elements of infringement cognizance standard to filter summary,several factors determine the entity should be from the main part of the recognition system,in the application system is more thinking about patent examination,the patent trial and related by the influence of the expert witness.The limitation on the equivalent invasion infringement is equivalent to a standardized an indispensable part in the building,the use of the equivalent principle to increase the chance of a holder to maintain their own rights and interests,but also affect the public interest,will be the holder of the private rights and interests protection and the right of public expected benefit balance tilted factors,so to discuss the necessary restrictions,thus seeking the balance of interests between them.