Research On Patent Infringement

With the development of science and technology, patent disputes are growing,the trend of complexity and profession of the cases is increasingly apparent, and theproportion of patent infringement cases gradually increased, In this case, how toidentify patent infringement, and how to apply that to better balance the patentholders and the public interest will undoubtedly become an increasingly prominentproblem. In this paper, with the patent infringement dispute case between DalianRenda New Wall Building Materials Factory and Dalian Xinyi New BuildingMaterials Limited Company as a leading question.,I analyze problems in the processof patent infringement cases, attemptting to simple combing the theory of patentinfringementpatent infringement.First, I describe the basic principles in the process of patent infringement,including omnidirectional covearge prineiple, doctrine of equivalents and principleof superfluity establishing. These basic principles are the core issues in the patentinfringement, and only fully understanding these basic principles until we can ensurethe quality of the trial of patent infringement cases. In this paper, I sort out detailythe basic principles integrating theory with practice by analyzing the basic principlesand the use of the basic principles in the case.Next, I describe the basic question in the process of patent infringement, Thesebasic question principles are the core issues in the patent infringement, and onlyfully understanding these basic principles until we can ensure the quality of the trialof patent infringement cases. In this paper, I sort out detaily the basic questionintegrating theory with practice by analyzing the basic question and the use of thebasic principles in the case between Dalian Renda New Wall Building Materials Factory and Dalian Xinyi New Building Materials Limited Company.In rhe end, I summed up some of the disadvantages of the patent systeml, byhinking of the legal issuesin in the case between v. Renda plant patent infringementand the new benefits, including the imperfect legal system, too many of the Court ofFinal Appeal and the lack of expertise of judges who patent malpractice cases. thesereasons cause the chaos chaos of our current patent judiciary. To improve the levelof the trial of cases of patent disputes in China, we must completely eliminate thesedrawbacks. First, we must develop a set of detailed, systematic, comprehensive lawto adapt to the needs of the administration of justice; Second, we shoude create aspecialized Intellectual Property Court of Appeals, and train expertise to judges ofthe Court of Appeal judges to improve the quality and consistency of intellectualproperty cases, including cases of patent disputes.The above is the main content of this paper. Because of restrictions on the level,I Inevitably have mistaken views and understandings in this paper. Please criticizedthe correction.