Application Of Doctrine Of Equivalent In Case Judgement Of Patent Infringement

With the further development of the patent system, in order to evade legal prohibition on the infringement, the imitators no longer undertake the same exactly, they favor to do slightly different changes with the patented product or process in nonessential ways. If the patent holder must be stike to literalism, the substantial patent protection will be too formalized, which inevitably leads by the patentee disincline to open their patent since their interests were deprived, in that case, it will be opposite to the purpose of the patent system on encouraging invention. For the sake of the patentee and third party's interests, the Doctrine of Equivalents will come into being. In both the public and private interests, the Doctrine of Equivalents are constantly seeking the most effective patent system the balance of interests.However, how to apply the Doctrine of Equivalents scientifically and rationally? It is the problem before us must be solved urgently. Only if we apply the Doctrine of Equivalents scientifically and reasonably, which kind of behaviors is infringement and which kind of behavior is innovation behavior can be distinguished, and then, the intellectual property can be promoted powerfully. With the aid of certain principles and methods, the Doctrine of Equivalents can obtain scientifically.Through a typical case, based on the theoretical basis of the doctrine of equivalents, starting from the doctrine of equivalents practice an important role in patent law and its judicial, this article analyse how to apply the Doctrine of Equivalents in the judgement issues of patent infringement; give a detailed discussion about how to define the scope of protection and present the meaning about "basically the same way", "basically the same function"and "basically the same effect" clearly, and even make the fundamental criterion of the Doctrine of Equivalents in the judgements of patent infringement distinctly, in addition, studied the applicable methods and logical steps of the doctrine of equivalents.This article will provide a reference of apply the Doctrine of Equivalents, It plays an indispensable role in separate more clearly for what kind of behavior is tort and what kind of behavior is innovation behavior which worth to encourage.