نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In addressing patent infringement disputes, one of the most fundamental steps is determining the scope of patent protection. The method used to define this scope and the approach adopted to interpret patent claims play a central role in establishing infringement. In Iran’s legal system, however, no clear and codified procedure exists for interpreting patent claims. This gap has created challenges in patent registration and in the adjudication of infringement disputes. Using a qualitative descriptive analytical method and relying on library research, this article seeks to answer two principal questions: what interpretive methods have leading intellectual property systems adopted to determine the scope of protection in patent infringement cases, and which approach would be most suitable for implementation in Iran in light of the capacities of the Industrial Property Protection Act of 2024? Considering the legislator’s revised approach to patent rights in the 2024 Act, the paper hypothesizes that adopting the doctrine of equivalents, together with complementary enforcement mechanisms, would constitute an effective step toward aligning Iran’s patent system with international standards and facilitating infringement adjudication. The research is structured in four sections: first, the challenges arising from the absence of clear interpretive criteria; second, a comparative analysis of foreign approaches; third, the conceptual foundations of the doctrine of equivalents; and finally, an evaluation of Iran’s capacity to implement this doctrine.
کلیدواژهها English