Research On The Prior Art Plea Principle

The patent system which is in the Intellectual property rights globalization pushed is facing new challenges, "bio-piracy" behavior cause the patent overladen protection that greatly damage to the interests of the developing countries, which lead to patent system be in the extensive discussion. The patent gives the patentee legal monopoly at the same time it must overcome the natural negative effects of monopoly. There is need a balance point to balance the interests of all parties in the case of patent infringement. This thesis discusses the principle of prior art plea which is an improtant principle to restrict the patent right reasonably. At present we are lack of specific regulations of this principle,so it is necessary to explore the principle of prior art plea to help the third modification of Patent Law.This thesie includes four parts chiefly. The first part mainly discuss the basic theories of the prior art plea principle. It introduces emphatically the concept,principle of the prior art plea principle and it's Legal basis and existence value, expounds the principles of the prior art plea principle and basic connotation of its existence theorized.The second part firsrly discuss the patent protection scope and patent infringement judging principle ,and emphasize equal principle and forbidden regretted princinple in detail, and then differentiate and analyze the concepts between the prior art plea principle and the two principles in order to clarify the different requirements.The third part emphatically introduces the different applicable of prior art plea principle in Germany and Japan, through the comparison research, people known prior art plea principle in our comprehensive applicable.The fourth part firstly introduced the applicable and development processand of the prior art plea principle in our country. secondly, it introduces the applicable scope and applicable way of the the prior art plea principle in detail. finally it analyzes the current situation of the domestic and international and then puts forward the applicable strategies of the prior art plea principle especially in the case of "bio-piracy".