Mar 24, 2009 03:42
15 yrs ago
English term

obvious variations

English to Chinese Law/Patents Law: Patents, Trademarks, Copyright
"The courts may find infringement under the doctrine of equivalents if the differences between the patented invention and the alleged infringement consist of obvious variations."
上句中的obvious variation指的是:与受专利权保护的产品相比,涉嫌侵权的产品显而易见是与前者略有不同但在欧洲的等同论下可被判定为等同侵权的产品。
请教译法,谢谢!

Proposed translations

+1
2 days 6 hrs

显著变更

全句试译:如果专利产品和涉嫌侵权产品的差异包含显著变更,则法院可根据等同原则判定侵权。
Peer comment(s):

agree Guei Lin
16 hrs
Thank you!
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70 days

顯而易見的變形

The concept of "obvious variation" in the patent law indicates a situation that item (invention) B is obviously the variation of the item (invention) A.

Hence, the implication in the term "obvious variation(s)" is "it is too obvious, therefore it's so 'easy' to tell that item B is the variation of the item A."

From this perspective, we should agree that the translation of "obvious variation(s)" should reflect the "easiness of telling the fact." Hence, I translated this term as the proposed.
Example sentence:

若涉嫌侵權產品與專利產品間的差異構成(專利產品)顯而易見的變形,法院可依同等原則認定前者侵權。

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