The Legal Analysis About Defenses On The Patent Infringement

The purpose of the patent infringement litigation is to protect the interests of right holders, but we must consider the defendant and the balance of social interests.yet the technology involved in the patent itself has the complexity and specialization, the diversification of interests of market players, and the regional characteristics of the patent, have resulted in patent infringement litigation the uncertainty of the results. All this makes the theoretical reasons for the defense of patent infringement research and practice defense tactics is especially important.Therefore, both requirements of the patent system itself, or the international development trend and the needs of our current conditions, should be strengthened patent protection and patent restriction of a balanced relationship between, and this balance embodied in a patent infringement dispute in defense of patent infringement and the coordination between the development. A more complete system of patent protection is necessary to emphasize the protection of patent rights, inventions while also emphasis on giving the person a reasonable right to be certain restrictions on the patent, the two aspects can be neglected. The spirit of modern law, is that the full protection of rights and the rights of reasonable assurance. In this respect, China's patent law system is not exactly perfect, such as patent rights in the patent infringement defense of lack of legislation on the issue of a unified whole to consider the lack of a comprehensive anti-monopoly laws to restrain the abuse of patent rights the patentee problems.Based on the Kohler Company v. Braun case of design infringement, patent infringement litigation from the perspective of practice to patent the basic theory of the defendant patent infringement litigation strategies and defenses to do some research in order to explore a patent infringement lawsuit in a better way to balance the interests of both parties.This article is divided into three parts:the first is the analysis of typical cases, summary cases, the focus of controversy; The second part is the legal patent rights and patent infringement analysis, patent infringement in order to accurately grasp the basic theory; The third part is 1 patent infringement litigation against some of the problems that exist, based on professional learning, the teacher lectures, lessons defendant in patent infringement litigation can be specific to the patent infringement defenses.In my opinion, the patent infringement litigation, as the defendant's agent, must accurately define the concept of patent infringement and composition, correctly grasp the infringement defenses. Meanwhile, in the next legislative enforcement and judicial process, but also to further improve our patent law system.