Study On Determination Of Patent Infringement

The paper bases on the task of patent infringement determination which has been combined with manuscript for discussion about patent infringement determination legislation. Studying on main problems could make patent legislation more definitely and detaildly.The paper adopts method of comparative research and combines patent system of develop country. It interprets basic theory about patent infringement including factors, types, conception and plea of patent infringement determination. It also summarizes the value principle that should keep to. These are holding the balance between public right and private right in legislation;retaining the justice spirit in judicatory, meanwhile the principle should adopt to the notion of politics, economy and culture development. It analyzes some problems in legislation and judicatory. Then the paper puts forward idea which may solve these issues. The third part of the paper linking special cases compares with foreign legislation analyzes three-core problem of patent protection scope, equation standard and cooperation between judge and technician. Whole technology standard should be used in doctrine of equivalent determination. It can help us understand each technology status by strictly characters comparison. However, the next verdict of "function and effect" is naturally come into the whole technology standard actually. Time and limitation about doctrine of equivalent plays an important role in consummating the standard. In aspect of judicatory, it describes factors of technical identification standard and limitation of judge authority to analyzing the cooperation between judge and technician.The last part of the paper according to the important problem analyzed before brings forward legal countermeasure including consummating legislation, which involves achieving systematism on doctrine of equivalent, nailing down the premises and limitation of this doctrine and insuring availability about evidence and procedure of identification. At the same time it also resolves other practical problems. It requests two aspects in ensuring justness and efficiency: first, boosting reform of court system, centralizing and supervising court it;second training and supervising judges to improve their special accomplishment and morality of profession.