On Patent Infringement Under The Doctrine Of Equivalents

The Doctrine of Equivalents is the core principles of patent infringement judgments which was established in judicial practice.We compared some technical features of the object accused of infringement to technical features of the patent claims,if they substantially use same way to achieve the same function and effect although which are not literally same,then we can identify that the object accused of infringement is falling into the scope of patent protection,and constitute the infringement of Equivalents. The doctrine of equivalents just like a regulator of value and arised in the banlance of interests which Embodies the principles of fairness and coordinates the interests of patent holders and the public in a reasonable range. The doctrine of equivalents which was set up and gradually developed in judicial practice originated in the United States.The essence of the invention theory originated in United Kingdom and Theory of invention topics of Germany are subject to the same theoretical principles——The Doctrine of Equivalents which demonstrate one important fact:the establishment of the doctrine of equivalents was closely related to the claims system which necessarily requires appropriate adjustment on the basis of the scope of patent protection.Just this adjustment provided for the space of existence and development for the doctrine of equivalents. The doctrine of equivalents for patent infringement should first clearly determine the methods including dominant ideology,comparison of materials and comparative measures.Reasonable definition of the scope of patent protection is also a prerequisite for the application of the doctrine of equivalents. We must set up a uniform standard or scale for judgement:The subject who determine the Equivalents is the man with ordinary skill in their respective,and the object is itemized technical criterion based on "way-function-effect" Standards.The scope of Equivalents is determined by level of invention and the criteria to determine the time is at which the violation occurred. The author also described the restrictions on the application of the doctrine of equivalents which includes the Doctrine of Prosecution History Estoppel, Exceptio of public technology, Public contribution principle and conflict of application. the author make an Analysis of shortcomings of the doctrine of equivalents based on the legislative and judicial reality and put forward some related proposals to improve the patent system.:formulating uniform standards for specific patent infringement and set up unified patent court of appeals refering to the advanced experience of foreign countries...