Patent Infringement Judgment In The Doctrine Of Equivalents

In the patent infringement realm, compared with many disputions the application of doctrine of equivalent has been a complicated hard nut to crack. Both in the theorical and actual field, it takes on a series of new developing states. During the last ten years, with a great deal of infringement cases of equivalent coming up, such as optimizing wu-bi code and keyboard patent infringement case, zhou-lin frequency chart instrument patent infringement case, the doctrine of equivalent gets gradually to be applied extensively in our country's judicatory. To some extent, the appling of this doctrine protects patentee's legal rights, strokes patent infringement behaviors and reflects a great progress in the patent-protecting system in our country. But in some aspects like comprehending or appling the doctrine, there still exist some difficulties and deviations. Therefore, the research of this doctrine and its theorie becomes the topic which we shoud deal with. By searching and reading related materials at home and abroad the writer tries to complete this paper including fives sections under the tutor's instruction. In chapter 1, the writer discusses the development of this doctrine in some countries and carries on some analysis. In chapter 2, somevalue-analysis with the doctrine's application are carried on from the angle of the legal theory and the economy. In chapter 3 and chapter 4, the writer discusses some questions as below: the protection scope of patent rights,methods of judgement,judging standards and limits of the doctrine, and add up some case examples. In chapter 5, some viewpoints and suggestions are given according with our country's actual circumstances.