On Improving the Doctrine of Equivalents in Patent Infringement

Patent system is an important insurance to promote social progress and economic development.As to patent protection and fighting against patent infringement,the key issue is judgment of patent infringement.The of is an important principle in judging patent infringement.However,the reasonable applicability of principle was described by foreign patents and judiciary as the most challenging problem of patent litigation. The discrepancy in judging in application of this principle will produce inconsistent standard,hence seriously affected social effect and unity of judicial justice.This paper attempts to discuss hot topic of application of doctrine of equivalents in domestic and foreign patent infringement,aiming at instructive thinking about scientific application and further improvement of doctrine of equivalents.