Identification Standard On Defense Against Patent Infrigement Involving Existing Techonology

If the Patent Law wants to protect the lawful rights and interests of the assignee, It must take care of the public interests of the society at the same time. Therefore, the limit to the patent is very necessary. While in judicial practice, the restriction is mainly expressed that, the man who was accused of infringement can freely choose any ground of defence against the charges. The common allegation in the case of patent infringement has the following aspects, such as the invalid patent, exceptions, the limitation of action or negligent, the abuse of patent, the cheating in the application process, and Free Existing Art.In recent years, because the proportion of the technology patent infringement cases was increasing, and it caused people's high attention. People do more researches and analysis in the practice and theory; it includes the origin of the defense to existing technology, the basic theory, development, and the future trends. Therefore the author wants to understand the standards of the existing technology in the practice by studying the case. The purpose is to solve practical problems by using the law. The case of "Ren Guoyong v. Laizhou Company" is a successful one, which is mainly about the standards of the existing technology. But the principle of defense standard to the existing technology still has a lot of puzzle; it is worth pleased to see that, in the last year, our country issued a new patent law. It drew the defense standard to the existing technology into the law for the first time. It is very helpful for people to solve the problems in the practice, and it provides the legal basis. But the regulation is still not able to solve all the practical problems encountered in the case, so it makes the judges, lawyers and parties cannot do it well in dealing with the problems of the patent infringement case. In this paper, the author pays more attentions on this subject, in order to uncover the mystery of the existing technology preferably. The author also wants to study the principle of defense standard to the existing technology, the basic theory, the standards and the situation about the applicable scope. This paper makes the analysis in the legal practice, and it hopes that it is useful for dealing with the patent infringement problems. This paper is mainly about four parts.The first part expounds the basic theory and definition of existing technology. It also makes an analysis to the defense application of the existing technology, combining the case in practice.The second part makes an induction and generalization to the suitable conditions and standards of the existing technology. Then it makes a concrete and deep analysis. At last, the author puts forward that, the interference application can be suitable for the deraignment of existing technology.The third part puts forward that the application of existing technology can reduce lawsuit according to the new development of existing technology. There are some new problems; they are the organization coordination issues of the court and patent re-examination board.The fourth part reviews the case again. It gives some suggestions on how to select the strategy after meeting the patent infringement. Finally, the author puts forward some methods to solve disputes intensively.