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《China Invention & Patent》 2018-09
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Claim Vitiation Doctrine in Patent Infringement Judgment

YAN Wenjun;University of Chinese Academy of Sciences;  
If the element of the accused product and the element of the patent claim are generally known in the field, and the public believes that the choice of the patentee excludes the element of the accused product, regarding the two elements are equivalent would harm the reliance of public on the certainty and predictability of the scope of patent protection. This approach is similar to the "claim vitiation doctrine" in the United States. "Vitiation" is not an exception to the doctrine of equivalents and should be applied with caution.
【CateGory Index】: D923.42
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