The Introduction On Defense Of Patent Infringement In United States And Benefit We Can Get From Them

With the development of world economy and globalization, the competitions amongdifferent countries become much more drastic than before. Patent system enormouslyaffects national benefit and nation safety. The essence of patent system is a dynamicbalance system of benefit. In order to promote the progress of science, technology andthe balance of benefit, the government has granted limited times to inventors theexclusive right to their inventions by legislation. However patent right still needs to berestricted in certain scope. It is very urgent for us to build an effective and feasibledefense system of patent infringement aiming at achieving the balance of benefit.In the process of China's economy rapid developed, patent law has been amendedtwice since April 1, 1989. Apparently the patent law has played a significant importantrole in the society. There are still some faults in China's patent system, especially in thebenefit balance of patentees and the public, such as few types of defense, there is noclear limitation on patent rights. Because of these leaks, some patentees, includingsome big foreign companies, abused their patent rights and use monopoly power to getmore profits and limit competitions, which has weakened the patent system andbrought damage on our public benefit.In terms of most developed countries, the United States has formed a large, concreteand clear patent system through the legislation and a lot of important precedents onpatent infringement suits, especially in the area of grant, transfer, use and limitation ofpatent right. Since the first patent law enacted in 1790, the U.S. patent system put alarge and deep influence on the development of U.S. economy and society. With theprinciples of promotion of creativities and balance of benefit, the patent system in U.S.is to spur the competition orderly and stably. There are a lot of good experience andrules we can learn from the U.S. patent law and precedents, and the defense of patentinfringement is a good example for us to compare and research. Through thecomparison and research on the theories and precedents of defense, it will help us tocorrect our legislation leaks, meet the new challenge in patent system and form a goodmarket economy order and a benefit balance system. For this purpose, this paperaddresses the defense of patent infringement in U.S. with the legal method ofcomparison and research.This paper consists of preface, text and conclusion.In preface, with the introduction of the problems in our patent systems, it firstlyfocuses on how to achieve the benefit balance in patent system. Secondly, with theintroduction of the patent in U.S., it indicates the contact between benefit balance anddefense of patent infringement and the necessary of research on the defense of patentinfringement in U.S.The text is composed of general introduction and details as followed.In general introduction, it indicates that the patent infringement suits is a system ofbalance of right and obligation, and highlights some basic rules and the types ofdefense in the U.S. patent infringement suits.The text in detail is classified in four parts. In the first part, it addresses the first majordefense is patent invalidity. The accused infringer may escape liability by establishingthat the invention fails to meet the patentability requirements. Though usually raised inprivate litigation, patent validity is of great importance to the public interest.The second part focuses on the content in the Section 282 of the U.S. Patent Act. Itstates that defenses in any action involving the validity or infringement of a patentinclude not only invalidity and unenforceability but also any other fact or act made adefense by this title. The writer cited a lot of precedents and cases of defense on noinfringement, absence of liability for infringement, or unenforceability, and listed a lotof examples. Examples of substantive defenses recognized in court decisions include (1)first use (exhaustion) and implied license, (2) experimental purpose, (3) legal estoppel,(4) "bona fide purchaser." and (5) delay in filing suit resulting in laches or estoppel.In the third part, it shows that the other major defense is fraudulent procurement orinequitable conduct and patent misuse. Patent applicants owe the Patent and TrademarkOffice fair and full disclosure of material information related to the patentability of theinvention in question. Breach of that duty through willful or grossly negligent conductmay render the patent unenforceable and may subject the patent owner to otherliabilities. The other major defense is misuse or violation of the antitrust laws. If apatent owner improperly exploits his patent by violating the antitrust laws or extendingthe patent beyond its lawful scope, the courts will withhold any remedy forinfringement, even against an infringer who is not harmed by the abusive practice. Thepatent owner's rights are restored if and when the misuse is purged and abandoned andits consequences are dissipated.In the fourth part, with the comparison between China and United States in defense ofpatent infringement suits, it illustrates the difference in two patent defense areas and itmakes some conclusion on the way to learn some good experience from U.S. patentsystem in defense of patent infringement. In any case, we should learn a lot of goodexperience of patent system from other patent advanced countries than in China interms of legislation and economy, and correspondingly apply them into our practicalsituation, in order that we can get benefit from this comparison analysis and research.In the end, the Chinese patent law is supposed to be amended and enacted with someother relative laws and regulations frequently and timely, for example, the antitrust law,for achieving the dynamic balance between the public and the patentees.