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随着专利保护所涉及的技术和侵权行为日趋复杂,等同原则也已经成为侵权判定原则中的重要组成部分。通过对等同侵权司法判决案例进行实证分析,可以为该原则的适用提供新的思路和视野。通过从等同侵权案件的时间、地区、法院审级、专利主体、类型、技术特征覆盖程度等角度进行实证分析,发现等同原则在司法实践当中存在缺乏判定等同侵权具体的操作标准、法官自由裁量权过大、未对专利类型进行适当区分等问题。对于等同原则的适用,需要通过采取正确识别技术特征和选取判定方法,从严掌握该原则的适用,对该原则的适用对象进行适当区分,将覆盖技术特征的多寡作为适用标准等措施来进行完善。
As the technology and infringement involved in patent protection become more and more complicated, the principle of equivalence has also become an important part of the principle of determination of infringement. Through the empirical analysis of the judicial cases of equal infringement, we can provide new ideas and horizons for the application of this principle. Through the empirical analysis from the perspectives of the time, region and court trial level of patent infringement cases, the subjects of patents, the coverage of technical features and so on, it is found that there is a lack of specific standards of operation in judiciary practice, such as the judgment of equivalence, the judge discretion Too big, did not make the proper distinction between patent types and other issues. For the application of the principle of equivalence, it is necessary to properly apply the principle by appropriately identifying the technical features and selection criteria, appropriately distinguishing between the applicable objects of the principle, and using measures such as covering the number of technical features as applicable standards .