Research On The Principle Of Prosecution History Estoppel In Patent Infringement Litigation

The principle of prosecution of estoppel is an important judging rule in a patent infringement,because it not only connects patent licensing procedures to patent litigation,but also defines the scope of patent rights protection,and to some extent,restrict the abuse of doctrine of equivalents.There are disputes and even misunderstandings of the topics of ‘the stage of the patentability application',‘selection of exclusionary rules' and etc.In the theoretical study.The estoppel has been applied more and more frequently in judicial practice in China's patent infringement litigation.However,there's no definite provision for this principle in the patent law of China,and the judicial interpretation of the Supreme People's court is also relatively ambiguous,which leads to various standards in different courts.The above reasons made the application of the estoppel become rigid and failed to play its due role.Starting from the definition and development of estoppel at home and abroad,this paper explores applicable rules which is suitable for the development of patent in China.In addition to the introduction and conclusion,this article contains the following four chapters:The first chapter defines the estoppel in general.The author defines the meaning of the estoppel from different aspects,demonstrate that the estoppel is independent of and restrict the doctrine of equivalents.,and illustrate the source of legal principle of estoppel through the comparative analysis between estoppel and the principle of good faith and fairness in civil law.What's more,it will explain the respective relationship between the estoppel and the honest credit principle,the principle of fairness,.The second chapter reviews the development of the principle of the estoppel.The development history of the estoppel and typical cases of judicial practice in US are analyzed,and contrasted with the current situation of China,which includes judicial interpretation provisions,rules of court at all levels and typical cases.The third chapter introduces the application of the estoppel.A strict standard for the application of the estoppel should be established.And it is clear that the flexible bar rule is superier to the complete bar rule which is too harsh for patentee.it is much better to include the oral statement in the case of specific application for the expansion of the application of theestoppel.What's more,disputes arise when the court applies the estoppel initiatively,and it is more suitable for the court to indicate the principle to accused infringers in the current judicial practice.The fourth chapter is about the proposal to perfect the estoppel.In China's patent law,we should add the general provisions of the estoppel and review the legal status of historical documents.Meanwhile,The supreme court should provide more detailed judicial interpretation for the application of estoppel.According to the case guidance system of intellectual property rights,the applicable standards of the flexible bar rule in different cases should be clearly defined.It is necessary to disclose patent documents more effectively and add the applicable situation of the estoppel.