Case Studies On The Patent Infringement In Our State

How to apply the doctrine of eqivalents to the patent infrigement is always much too critical when facing the patent infrigement .Nowadays thers esists sevaral puzzle as follows, how to determine the scope of protection for the patent; What the determinant standard is towards the Doctrine of Equivilents ; Whether is it necessary to compare the tortious substance with the patent invovled and the widely-known technology through technich characteristics when using all element rule to carrying out infringment deciding . It has important significance to clear up the problems above .There are three cases had great influence on our national patent infringment litigation in this article . It is based on explaining the claims and determining the scope of protection for patents . In the meantime , it focous on the Chinese Patent Law its relevant judicial interpretations . And then it came up with a conclusion . This article is located on case study and it has three chapters .Chapter one is focused on theoretical research . The scope of protection for patents , literal infringement , equivalent infringement and its applications are described in the one .In the chapter two , there are three typical cases and it revals the how to apply the theories to practice . And it also diclosed several problems to be solved .Chapter three as a conclusion. The authors put forward in view of current judicial problems in the practice , we should be based on domestic patent system reality at the same time, it is necessary to learn from American mature approach .