Research On The Doctrine Of Equivalents In Patent Infringement

As an important principle of recognizing patent infringement, the Doctrine of Equivalents has been generally accepted by the international community. The introduction of this Principle in late 1990s, only appeared in some cases, the relevant judicial interpretations are issued by the Supreme People's Court until 2001, this principle was formally established in China, after which a number of legal documents have been introduced to improve the same principle applicable rules and standards, making this principle in the patent infringement cases have been more applicable. However, in our patent infringement, the Doctrine of Equivalents apply to many problems still exist, major research paper on this subject, combined with the basic theory of the doctrine of equivalents, and the study abroad application, analysis of the status of the application of the Doctrine of Equivalents to find them issues and recommendations put forward the corresponding sound.Article is divided into four parts:The first part is an overview of the application of the Doctrine of Equivalents, introduced the concept of the Doctrine of Equivalents for the premise, the applicable rules, applicable standards and restrictions applicable to the basic theory; the second part of the foreign for status, the main origin of the Doctrine of Equivalents introduced the United States, and China belong to the civil law is more developed in Germany and the Japanese patent application of the principle of equal status, the final summary of the analysis of the application of the three countries; third part is the Doctrine of Equivalents applies in our analysis of the status quo, introducing the relevant legislation and judicial practice, which aimed to analyze the problem; fourth part is the s Doctrine of Equivalents applies to the proposed improvement, starting from the two levels, first the principle of regulation is equivalent to applicable base, including the improvement of legislation, norms and claims of the patent court of second instance to write the establishment; Then, according to the third part of the question, the Doctrine of Equivalents application of rules and standards proposed by the corresponding perfect proposal.