Research On The Doctrine Of Equivalents In Patent Infringement Action

The fundamental goal of the patent system is to protect the patentee's lawful rights and interests, encourage his intellectual property creation, and based on which to push forward progress and innovation of science and technology through making public the scheme of patented technology. However, various patent infringements hinders the realization of this goal, especially the infringement under the doctrine of equivalents(hereinafter "DOE"). Further studies on the DOE does good to set the problem of that kind by offering realistic theories for our legislative and judicial circle, and is of great importance to establish the idea of balancing of interests, widen the realm of intellectual property rights, and promote the development of the patent law, even, in a sense, the whole intellectual property jurisprudence.Guided by the idea of balancing of interests and regarding some basic theories of equivalent infringement as the main clue, this dissertation probes into some basic theoretic problems of the DOE. Starting from studying the origin of the Common law and the modern precedent, the dissertation makes an analysis of the DOE from the respect of jurisprudence by making use of the definition of "abstract objects", then it analyses some problems which maybe exist during applying the DOE and puts forward a program to solve these problems. Then, the dissertation comments on the substantial application of the DOE. This dissertation makes it clear the application premise of the DOE, and based on which expounds the limitations to the whole doctrine of equivalents and all elements rule, then suggests the organic combination of them. Meanwhile, the dissertation holds that the subjective standard forevaluating equivalency should be "the average technician pertaining to this field", the objective standard be "insubstantial difference", and the time be at the time of infringement. In addition, the dissertation stands for the abolition of the unnecessary appointing rule in consideration of some problems existing in this rule. Finally, the dissertation discusses the rational constraints on the DOE. With the help of charts, it analyses such problem as circumstance in which prosecution history estoppel is applied, and the basis thereof, expounds how to distinguish the relationship from the patented technology, the prior art and the accused infringing technology in the course of applying the argument of prior art.