Appropriate To The Equivalent Principle Of Patent Infringement Limit Case Study

The doctrine of equivalents as a patent infringement dispute infringement ofways to determine the breakthrough of claims by the literal interpretation of the scopeof rights, to safeguard the legitimate rights of the patent holder to provide a solidguarantee. However, the doctrine of equivalents in the practical application of theprocess, there are drawbacks of excessive expansion of the scope of patent rights,therefore, it is necessary to apply limited. Six cases the principle of all the technicalfeatures, deterioration of technology, the principle of estoppel to limit the role of thesame principle applies.The article is divided into three chapters：The first two cases as a starting point, put forward the principle on all thetechnical features of the doctrine of equivalents to limit the need for all the technicalfeatures under the principle of the existence of non-essential technical featuresidentified. Around the two issues, this paper, the origin of the doctrine of equivalents,the development of the legal basis and the principles of all the technical features, toestablish and so on, to analyze these two problems. The face of expansion, the sameprinciple applies to all the technical characteristics of the principle of the necessaryrestrictions on the doctrine of equivalents, equivalent does not exist in theinfringement identified the so-called "non-essential technical features.The second chapter, analyzes the court are applicable deterioration of technicalbackground, combined with the theory come to the deterioration of technology thereis no limit to the doctrine of equivalents should be excluded identified deterioration oftechnology. Chapter Three go back to the case reflects the prohibition principle should be tolimit the doctrine of equivalents under what circumstances, the principle of estoppeland the doctrine of equivalents to what kind of relationship there is a case to discussthese two issues. Combination of estoppels principles of the legal basis, the legislativebasis for its establishment with the doctrine of equivalents applicable rules obtainedonly in the statement to have a material effect on the patent claims as to limit thedoctrine of equivalents based on the principle of estoppels applies in the same on thebasis of the applicable.