Analysis On An"Security Rivet" Patent Infringement Case

The revised Patent Law was impletment in October 1,2009. The revised"Patent Law"explicitly write the existing technologies in the articles. The second and third paragraph of article 22 refers to the terms of existing technologies and add the definition of the existing technology as a fourth paragraph. Article 62 Clearly stipulates that persons accused infringer provide evidence of its implementation technology or design part of an existing technology or existing designs, and does not constitute patent infringement. As the patent is an intangible property rights, the scope of its borders is difficult to determine; and the patent system should not only just to protect the legitimate interests of patent holders, but also to ensure maximum use of the public free of existing technologies, the equilibrium point is also extremely difficult to grasp. Therefore, the determination of patent infringement is a very complex and difficult part. Through the accumulation of judicial practice in China and scholars to explore, for patent infringement is basically determined the formation of a number of fixed rules, but for the specific application of the rules are still in dispute. Through a patented technology resulting from a few typical cases of patent infringement litigation, I will disscuss the principles of existing technology to defense and seek to find the rational specific application for the rules to use the defense of existing technologies in patent infringement litigation and propose the envision use of the principle of the existing technology defend to help cope with the patent monopoly in businesses cope.This paper consisit of three parts. The first part focuses on from the"security rivet"utility model patent infringement arising from two lawsuits and two cases from the request for invalidation. Highlights of the proceedings in the patent holders and accused of infringement dispute in the proceedings the focus and the person accused of infringing use defense, the request for invalidation proceedings brought by the person requesting the invalidation of the grounds and the Patent Reexamination Board of the Resolution.The second part is"security rivet"patent case legal analysis. This section focus on the existing technology through the concept of defense and the legal basis for comparison of existing technology defenses standard analytical methods and compared to clarify the existing technology, the basic connotation of defense. Right in the"security rivet"in one of the patent infringement cases of first instance courts and the court of second instance against the accused infringer raised a defense of existing technologies identified by the basis and standards are analyzed.The third part is the defense-related issues to explore existing technologies, including existing technology, the relationship between the defense and proceedings, the existing technology, defense and the first right to use the relationship between the defense and the existing technology in the defense program and the role of invalidation proceedings comparison. This paper attempts to had useful discussions about the principle of the possibility of using existing technologies of the international patent law norms prevailing in response to large-scale enterprises, multinational patent hegemony.