The Research On The Identification Criteria Of Technical Characteristics In Patent Judicial Expertise

In patent infringement dispute cases,the technical matter of dispute is usually the hardcore to make the legal relation clear.However,due to the complicated professional technical matter in patent cases,the judge cannot make it clear of the technical fact by his own experience and knowledge.The judge usually needs technical support to make it clear of the dispute matters,such as judicial identification system,expert assistant system,etc.Among these kinds of technical supports,judicial identification system is the most common approach for judges to identify technical fact.Currently,it is easy to reach a consensus about what the same technical features are in patent judicial identification.However,there is controversy on what the equal technical features are.Based on the technical features of the patent,we take the features of Technical Equivalence as the main object of study.In study of equivalent infringement of patent and technical characteristics of different identification,at the same time,combined with the technical characteristics of this case,we will discuss the question : "whether there exists difference for the reflection of the infringing products and technical equivalent characteristics",in the process of discussing the judicial identification of the equivalent technology's characteristics of patent,and putting forwards some improvement suggestions of equivalent cognizance to technical characteristics,standard technical characteristics and methods to equivalent cognizance,in addition,it's better to provide more technical supports for the patent technology.In order to discuss these questions in detail,this paper is divided into five parts.The first part,it introduces the basic situation of “Shenzhen kitchen company v.Chongqing innovation company”.Being combined with the case and summing up the main focuses of the dispute,namely,based on" technical characteristics are equal or not”,we will discuss whether the judicial authentication institutions of expert's opinion of identification can be received,and take the controversy as the starting point of this study.The second part,it introduces the necessity and content of the comparison of technical features.Aiming at the needs of the popular rights,providing the technical support,as we known,the efficiency of expert opinion,which is taken as the evidence.this three aspects is necessary for identifying "technical characteristics are the same or equivalent",and pointing out the contents of technical feature's matching,in addition,it's better to know about the technical characteristics is same or equivalent.The third part,we will make comparative analysis of the The judicial decision and judicial expertise in the identification of technical standards.This part is mainly based on three aspects: the first,being compared with the analysis of the United States,Germany and China,looking for the similarities and differences between the equivalent principle,which determining the patent infringement is equal,and we can see that China's application of the doctrine of equivalents is appropriate;the second,comparing with analysis of the United States,Germany and China,aiming at resolving the dispute on the issue of difference method,our China needs to meet the patent case of technical means,reduce demand through technology,which improving the ability of people's jury investigation officer,and other related technical review system,handle the relationship between judicial identification,technical investigation,expert assistant officer,juror technical review system;the third,comparing with the China's patent equivalent infringement judicial judgment,the judicial identification of similarities and the differences of technical features,they keep same steps and methods in judicial judgment and judicial identification.But their eye points are different.The difference between the two is the "equivalent" of judicial judgment is different from the "equivalent" and the " same".The fourth part,it analyzes the problems of the identification of technical feature.combined with the case's identifying problems,which reflects whether the technical characteristics are same or equivalent,we will discuss the technical characteristics of patent judicial identification,which including identification and identification of single operation that is not standardized.The fifth part,it's important to put forward some suggestions to improve theidentification of technical features,which including the introduction of more identification basis,the identification of the process and methods,and the compilation of standardized instruments.