Studies on Doctrine of Equivalents of Patent Infringement Cases in the United States: and a discussion on Taiwan''s Patent Practice
碩士 === 國立交通大學 === 科技法律研究所 === 91 === To constitute patent infringement under doctrine of equivalents, it dictates that there must present insubstantial difference between claimed invention and accusation. In Graver Tank, U.S. Surpreme Court utilized the so-called function-way-result tripartite test...
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| Format: | Others |
| Language: | zh-TW |
| Published: |
2003
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| Online Access: | http://ndltd.ncl.edu.tw/handle/36496872071450257343 |
| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 91 === To constitute patent infringement under doctrine of equivalents, it dictates that there must present insubstantial difference between claimed invention and accusation. In Graver Tank, U.S. Surpreme Court utilized the so-called function-way-result tripartite test to characterize the equivalency. There are two approach before CAFC: one is by element-by-element test, the other is by invention as a whole. The outcomes of infringement analysis will hinge upon what accused counterpart should be the subject of comparision.
Doctrine of equivalents is susceptible to many factors when to reach the infringement conclusion and accordingly, results in inconsistence. This article reviewed the rationales underlying cases before CAFC, and found the incomprehensive regarding the application of doctrine of equivalents. Only utilize adaptively of both approachs under specific circumstances will securie the patentee’s right satisfactory.
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