What is the "estoppel principle" in determining patent infringement
The so-called estoppel principle refers to the technical content that the patentee has confirmed as prior art or has explicitly given up the request for protection in the patent application documents or in the correspondence between the applicant and the patent office. , and shall not regret it when accusing a third party of infringement in the future. If the patentee goes back on its word during a patent infringement lawsuit and expands its interpretation of technical content that it has considered not to be protected by its claims to fall within the scope of patent protection, the court being sued will not support it. The principle of estoppel is an important principle in patent infringement litigation. It is the embodiment of the principle of good faith in civil law in patent law.
"Patent Law"
Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.
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