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Application of the Doctrine of Equivalents in Determing Patent Infringement

Zheng Jing-rong

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Abstract

The doctrine of equivalents is an important means in determing patent infringement.But due to the openess in its meaning and lack of clarity in the conditions of applying this doctrine,there are some uncertainty.This paper will discuss carefully its connotation,conditions of application and relative prohibitive provisions.Then it makes several suggestions to ensure more effective application of this doctrine by means of perfecting judicial protection system.

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What this paper is about

The doctrine of equivalents is an important means in determing patent infringement.But due to the openess in its meaning and lack of clarity in the conditions of applying this doctrine,there are some uncertainty.This paper will discuss carefully its connotation,conditions of application and relative prohibitive provisions.Then it makes several suggestions to ensure more effective application of this doctrine by means of perfecting judicial protection system.

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Available abstract

The doctrine of equivalents is an important means in determing patent infringement.But due to the openess in its meaning and lack of clarity in the conditions of applying this doctrine,there are some uncertainty.This paper will discuss carefully its connotation,conditions of application and relative prohibitive provisions.Then it makes several suggestions to ensure more effective application of this doctrine by means of perfecting judicial protection system.

Key concepts: Doctrine, Connotation, CLARITY, Patent infringement, Meaning (existential), Law, Law and economics, Business

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