Dilemma and Breakthrough in the Determination of Microbial Patent Infringement Defined by Deposit Number
[Purposes]This paper aims to improve the level of microbial-related patent protection,pro-mote the development of microbiology research and the legal system of microbial patents,and provide ref-erence for the trial of microbial patent infringement cases limited by deposit number in the future.[Meth-ods]The number of deposited microorganisms used for patent application and the number of microbial patent applications limited by deposit numbers in our country were counted,and the source and practical dilemma of the determination standard of microbial patent infringement limited by deposit numbers in our country were deeply discussed.[Findings]Both the quantity of patent microorganism deposit and the number of microbial patent application authorization in China rank first in the world,but the issue of in-fringement determination is lack of in-depth discussion.[Conclusions]In order to provide more compre-hensive protection for microbial invention patent holders,it is necessary to start from three aspects:ex-panding the interpretation of microbial patents with preservation numbers as technical features,innovat-ing identification methods in judicial practice,and applying the principle of equivalence in trials,in or-der to break through the existing dilemma of infringement judgment.
microorganismspatentsdetermination of infringementdeposit number
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