The Introduction Benefit Of Foreign Patent Infringement Determination Doctrine Of Equivalents For Our Country

Invading problem exist in the day of patent appearing by way of importance composing part of intellectual property. For patent invading problem, whether judicature or administration protection, there are the problem of patent invading determination and application of patent invading Doctrine of Equivalents.This paper makes detail introduction on the concept and characteristic of patent, the structure and law redress of patent invading, the main principle of patent invading judgment, legislation and practice of main country patent invading determination Doctrine of Equivalents.This paper chooses U.S., Japan, or Germany' Doctrine of Equivalents for discussing object, especially, the using circs of U.S.' Doctrine of Equivalents.This paper makes detail introduction on the appearing, developing and judicature practice of U.S. Doctrine of Equivalents. This paper mostly makes introduction on the standard, method, benchmark time of U.S.' cognizance Equivalents, and makes introduction on the using circs of Japan, or Germany' Doctrine of Equivalents, and makes comparing and analyzing for patent invading determination Doctrine of Equivalents of main country. Really holds the essential and pink of Doctrine of Equivalents by analysis and reference, expect providing direction' idea for patent invading determination process in the best using Doctrine of Equivalents. Combining the case, this paper makes fully expatiating on the need of using Doctrine of Equivalents of patent invading determination of our country, Doctrine of Equivalents 'status and action in patent invading determination, judicature practice of using Doctrine of Equivalents, legislation and perfection of patent invading determination Doctrine of Equivalents of our country.This paper by comparing and analyzing for patent invading determination Doctrine of Equivalents of some developed country, brings forward a few of suggestions for understanding problem of the Doctrine of Equivalents of the third amendment of our country patent law. We will supply and perfect patent system of our country by referring to and studying the elite of developed country patent system.