On the "patent law" in the principle of Estoppel
|Graduate School of the Chinese Academy of Social Sciences
|Estoppel Limit Donation principle Doctrine of Equivalents
Estoppel is an important principle in infrigement judgment of the Patent Law. Bysorting out the development of the principle, it is applicable to capture the overallpurpose and the conditions in using this principle. Through analyzing the process of theprinciple’s development in the United States, Japan, we could summarize and learnsome lessons from it. According to the present development of our judicial, this articleraised several proper questions that may exist in estoppel principle. Based on theprovisions from Article43to Article46of the Beijing High Court in Patent InfrigementOpinions of Several Issues, and Article VI of the Supreme People’s Court’s JudicialInterpretation, to analysis the case “Australia Connaught (China) Pharmaceutical Co.Ltd. and Hubei wushi Pharmaceutical Co. Ltd. company” Analysis the conditions ofestoppel is also the innovation of this paper. A brief illustration of the patent approvalprocess and how the estoppel applies plays a very important role in the paper. And thepaper gives us a brief distinction between “Flexible rule” and “Complete exclusion rule”.To explore whether it is ok to apply estopple in patent authorization stage. Such asArticle33and Article37of Patent Law, Article51、 Article61、 Article69of Patent LawImplementing Rules. from the point of jurisprudence view, this paper analyzed theCommitments of he patent applicant to narrow or to drop the scope of the protection.At present, academics have done some research on this problem. And this article isbased on these research to do some analysis and pointed out some legal problems thatexist in our law. I hope this paper will give other researchers some useful message tograsp estoppel.