论文部分内容阅读
为了衡平社会公众和专利人之间的利益,法院创立了两个互相制约的原则:保护专利权人的等同原则和保护公众利益的禁止反悔原则。然而我国法律没有明文规定,尤其是禁止反悔原则,国内研究仍然处于起步阶段,故在司法实践中适用时则往往需要借鉴国外的经验。“然用一物必先明其法理,究其渊源,而后取精弃粕,融会贯通,方能尽其物力。”详尽分析禁止反悔原则的概念内涵、历史渊源以及适用情况,以期能为更好地保护社会公众和专利人的利益。
In order to balance the interests of the public and the patentee, the court established two principles of mutual restraint: the principle of equal protection of patentees and the principle of estoppel in the public interest. However, there is no express stipulation in our law, especially the principle of prohibition of regretting. The domestic research is still in its infancy. Therefore, it is often necessary to learn from the experience of other countries when applicable in judicial practice. “However, the use of a thing must first clarify its jurisprudence, its origins, and then take the fine abandonment meal, get involved, be able to do its best. ” Detailed analysis of the connotation of the principle of prohibition of regret, historical origin and application of the situation, To better protect the interests of the public and the patent holder.