The theory of equivalents in Patent Law
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2017, Vol 22, Issue 1
Abstract
In the article there is considered the question of a possibility of creation of the doctrine of equivalents as the strict scientific theory on the basis of the theory of conclusions by A. I. Uyemov’s analogy within which synthesis of the theory of similarity having paramount value for practice of patent work is already undertaken. The invention and its technical equivalents is offered to consider respectively as a prototype and models. It allows transferring to the theory of equivalents of the rule of conclusions on analogies and conditions of reliability (verification) of such conclusions. In this case a conclusion about equivalence of technical solution to some invention can be proved depending on whether necessary and sufficient conditions for recognition of such equivalent are satisfied by model of the considered technical solution, whether there corresponds the model to the prototype and whether allows in this or that capacity to predict model behavior of a prototype. Through fundamental concepts of the theory of conclusions by analogy (the internal and external relations, essential properties, and structure) the explication of the main terms of the theory of equivalents is given: prototype, equivalence, equivalent, law of the nature, function of sign of a formula and technical result. Thanks to it, it is emphasized that modeling of processes in a prototype is based on that, as in model, and in a prototype the same laws of the nature (the technical principles) which possess a certain degree of independence in relation to the correlates that actually explains a possibility of existence of equivalents from the ontological point of view can be carried out. Also it is paid attention that different laws of the nature, being the internal relations, possess different degree of independence of the correlates that narrows or, on the contrary, expands a circle of possible equivalents for inventions from different areas of the equipment.
Authors and Affiliations
A. A. Fedorov
Keywords
Related Articles
- EP ID EP322904
- DOI -
- Views 81
- Downloads 0
THE LEGAL INFLUENCE AND THE LEGAL REGULATION AS CATEGORIES OF JURISPRUDENCE OF UKRAINE AND RUSSIA
The content and the relationship of concepts «legal influence» and «legal regulation» as categories of jurisprudence of Ukraine and Russia are researched in this article. The author had examined the important aspects of...
ADMINISTRATIVE AND CRIMINAL RESPONSIBILITY OF JURIDICAL PERSONS IN UKRAINE: HISTORICAL ASPECT
Emergence of institute of the legal entity in the law is caused by complication of social organization of society, development of economic relations. The concept of the legal entity is actively used today practically by...
TOPICALITY OF IDENTITY PERSPECTIVES IN XXI CENTURY HUMANITIES PARADIGM
The article deals with historic and conceptual perspectives of identity notion evolution, resulted in changes in traditional scholarly conception. It also focuses on the main reasons for topicality of identity research i...
LATENСY OF IMPROPER PERFORMANCE OF PROFESSIONAL DUTIES CAUSED INFECTION A PERSON WITH HIV OR OTHER INCURABLE INFECTIOUS DISEASES
The article is devoted to the causes of occurrence and the factors influencing the latency of improper performance of professional duties, which caused a person infected with human immunodeficiency virus or other incurab...
LOSS INDEMNITY AS A LEGAL IMPLICATION OF CONTRACTUAL DELINQUENCY
The legal category of loss indemnity as a legal implication of contractual delinquency was considered in the scientific article. The comparative legal analysis of the category «loss indemnity» in Ukraine and some countri...