2011Journal of Tianjin University Science and TechnologyRequires access

Application and Perfection of Doctrine of Equivalents in Patent Infringement

Yan Ren

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Abstract

Doctrine of equivalents is an important norm to determine patent infringement.In practice,more and more patent infringements appear to be equivalent infringement.The ultimate goal of doctrine of equivalents is to be equal,which has not been regulated in our legislation.We should gain enlightenment from foreign research achievement about the application of the doctrine in foreign patent law.In the application of doctrine of equivalents to determining patent infringement,the subject,time criterion and standard on characteristic of equivalent should be given special attention.The application of equivalents doctrine system should be perfected in legislation and restrictions on it.

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Doctrine of equivalents is an important norm to determine patent infringement.In practice,more and more patent infringements appear to be equivalent infringement.The ultimate goal of doctrine of equivalents is to be equal,which has not been regulated in our legislation.We should gain enlightenment from foreign research achievement about the application of the doctrine in foreign patent law.In the application of doctrine of equivalents to determining patent infringement,the subject,time criterion and standard on characteristic of equivalent should be given special attention.The application of equivalents doctrine system should be perfected in legislation and restrictions on it.

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Available abstract

Doctrine of equivalents is an important norm to determine patent infringement.In practice,more and more patent infringements appear to be equivalent infringement.The ultimate goal of doctrine of equivalents is to be equal,which has not been regulated in our legislation.We should gain enlightenment from foreign research achievement about the application of the doctrine in foreign patent law.In the application of doctrine of equivalents to determining patent infringement,the subject,time criterion and standard on characteristic of equivalent should be given special attention.The application of equivalents doctrine system should be perfected in legislation and restrictions on it.

Key concepts: Doctrine, Legislation, Perfection, Patent infringement, Law, Enlightenment, Patent law, Law and economics

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