Research On The Determination Of Process Patent Infringement

In the present theory and judicial practice,it’s mature to judge the infringement in product invention 、utility model patent and design patent,and the judger won’t be confused when mediate between two disputants.But for process invention,it can be split into steps moving with time,it’s also difficult to accumulate evidences,and the professional problem involved is more complicated,so it is more difficult to determine the infringement in process patent.This article intends to research systematically on the infringement of process patent on the basis of previous research, it discuss various principle and methods for infringement of process patent by combining concrete cases,then make suggestions for actual determine.Based on the above research ideas,this article will be divided into five chapters:Chapter 1,First discuss the definition and object of process patent,then clarify the definition of process patent and discuss its’ characteristics,in this article, in order to carry on the outline of process patent and layout the discussion below.Chapter 2, We determine the scope of the protection of process patent mainly from the claims of process patent、explanation of claims,then discuss the object and scope n of extended protection of process patent. And introduce ” the loss of identity test “ to limit the extended protection.Chapter 3, In this chapter discuss the methods of process patent infringement determination.,Such as the “literal infringement” and “equivalent infringement” by comparing the technical features,combine with” the doctrine of literal infringement”and “the doctrine of equivalents”.Then introduce cases to discuss the equivalent infringement in depth.Chapter 4,In this chapter,we mainly discuss the limitation of applying of “the doctrine of equivalents” with cases,it concludes of prior art、prosecution history estoppels and public dedication rule. According to the discussion of these rules,we will establish a more complete cognizing rule for process patent infringement.Chapter 5,In this chapter,we put forward the perfect suggestion from introducing successful experience of America, combing with the actual process patent infringement in our country.