Study of Technical Scope Including Doctrine of Equivalent and Patent Infringement Litigation

Abstract

The author classified inventions into physical-object inventions, by focusing on the appearance such as the shape, structure, etc. of the object, and material inventions, by focusing on characteristics of the object; and analyzed the formation process of an invention, regarding principles as important. In this article, in the proceedings from inventions to obtaining patents, arising from technology, the following issues will be explained, focusing on principles and their utilization, common to all. Based on the interaction among requirements in the theory of the method dividing content of an invention into its elements, the way of dealing with the problems such as relative weight, and the differences in construction between the patent law (law establishing rights) and the civil law (law adjusting rights), the author considers the construction of the technical scope (a claim) of a patent invention and the burden of proof in a patent infringement litigation. In such a consideration, the author also explains the requirements for the application of the doctrine of equivalent in each country. It seems that such arguments explained in this article have not been made so far in the world.

Keywords: Patent invention, Technical scope (Claim), Theory of the method dividing the content of an invention into its elements, Patent infringement litigation, Doctrine of equivalent