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obvious variations


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03:42 Mar 24, 2009
English to Chinese translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
English term or phrase: obvious variations
"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!
PSPing


Summary of answers provided
4顯而易見的變形
Sheng-Feng Huang
3 +1显著变更Norman Li


  

Answers


2 days6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
显著变更


Explanation:
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。

Norman Li
China
Specializes in field
Native speaker of: Chinese

Peer comments on this answer (and responses from the answerer)
agree  Guei Lin
16 hrs
  -> Thank you!
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70 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
顯而易見的變形


Explanation:
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(s):
  • 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。
Sheng-Feng Huang
Taiwan
Local time: 05:28
Works in field
Native speaker of: Native in ChineseChinese
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