Study On The Application Equivalency Doctrine In Patent Infringement Of Drug Preparation Methods

With the development of society, technology innovation unceasingly thorough, the protection of intellectual property rights and to further strengthen and improve the, about the intellectual property laws and regulations also successively formulated. With the patent right is about intellectual property infringement disputes grows day by day, especially in the medical field, for pharmaceutical products and the people’s livelihood is a special relationship between product, and drug patents is different with other invention patent characteristics, therefore, that judge in patent infringement, often because of its professional, very technical, make in the judicial practice often referred to as difficulty. Therefore, on drug patent infringement dispute solution process, how to patent infringement that at the same time, the maximum protection of the interests of the patent holder, and attend to the public interest, is a worthy of our consideration question, and when the patent holder and is accused of infringement of the, the judge between each other on the"game", the "game" essence lies in how to expand and limit the patent right, according to this problem, we introduce the patent infringement an important judging principle that is equivalent principle, the emergence of the equivalent principle and the applied for patent infringement provides a set of effective judgement of the method.In recent years, with the continuous improvement of the intellectual property system, equivalent principle on patent infringement, the importance of the judge also get attention, theoretical and practical for its further study and applicable, among them (the United States) Iraq riley and company appeals to jiangsu world house pharmaceutical gemcitabine and gemcitabine patent case involved in HCL equivalent principle in pharmaceutical preparations for patent infringement of the problem,but our country to equivalent principle theory research and use for reference foreign experience in the basis of the formation, and the application of the principle of equivalent standard is still fuzzy, patent agent, the patent holder, patent infringer, judges, lawyers in the judicial practice of equivalent principle understanding and using still has the certain difficulty, especially in drug preparation areas, because drug scope of patent protection and determinant standard have their own unique standards. This article through to case cited, with the aid of the related theory of equivalent principle, such as the concept of equivalent principle, forms, application conditions and judge steps, restrictive provisions, its purpose is to discuss how to improve writing equivalent principle in drug preparation for patent infringement of the judge, and put forward some Suggestions in order to effectively use the judicial practice.This paper mainly through the four parts finish writing:Introduction:through the present situation of our country at present the drug companies, infringement on the cause of the ongoing,"the purpose of writing this paper.The first part:mainly introduces the riley and company gemcitabine and gemcitabine in case of HCL, and opposition to the court found legal thinking, and carries on the preliminary analysis.The second part:discusses the basic theory of equivalent principle. First, it equivalent principle is the basic connotation and forms, second to equivalent principle for specific problems were analyzed, and the last is discussed equivalent principle of the restrictions. Combined with case use equivalent principle in drug preparation for patent infringement of the judge, at the same time introducing equivalent principle of restrictive rules that existing technology defense principle, the analysis involved technical features necessary patent involved.The third part:with China’s drug patents and the characteristics of the present and existing problems, this paper discusses how to perfect the equivalent principle in drug preparation for patent infringement of the judge, and put forward some Suggestions in the judicial practice in order to effectively use, promote our country medicine enterprise of patent protection and development.