Patent infringement is always a difficult problems of national judicial practice, and the principle of estoppel, as an important principle of patent infringement, there are still many controversial and pressing theoretical problem. Although China has adopted the principle of estoppel, in judicial practice, but has not yet been formally established the principle in legislation. Study on the principles of rich, mature theory perspectives contributes to the principles to effectively guide the legislative and judicial practice in China. Roots of estoppel in common law concepts of equity, in civil law can also be seen as extension of the principle of good faith. From the perspective of jurisprudence on the principle of estoppel, after an in-depth analysis of unknown, principle of estoppel is not the same as the principle of subsidiary, it has its own separate legal basis and logical system. From a lot at home and abroad about judicial estoppel applies case, estoppel is not merely tools to limit the equivalence principle, also is a tool for defining the scope of patent protection. If the patentee in the patent application, patent examination procedures for claims and the application files have been modified, or the scope of rights protection had been qualified, can be presumed that he gave up the original claims and modified scope of rights between the rights. However, if the patentee proves in its modified qualified had in mind was when the scope of the estoppel includes the defendant, the patentee can overcome the prohibition he advocated the same as the above presumption, that is, in such a case estoppel cannot exclude the application of the equivalence principle. Estoppel is based on balancing the interests of the patentee and public needs, the principle of good faith and credibility arise from the requirements of patent documents. Effect of estoppel is accurately defining the scope of patent protection, and not just a right to defend it. Since China's patent legislation is not perfect, apply the principle of estoppel, the lack of experience and patent files open comprehensive enough influence of such factors, resulting in court in the trial of patent infringement cases in China, use of estoppel is not too easily. Therefore, in order to solve the increasingly complex patent infringement disputes in judicial practice, patent law amendments without delay. China should close connection with the actual situation at the present stage in China, selectively using foreign experience in legislative and judicial, timely amended patent law, made to the principle of estoppel, and other detailed requirements.
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