Research On The Burden Of Proof Of Patent Infringement In New Product Manufacturing Method

With the continuous development of our economy and society,All kinds of patent appear constantly, Combined with the state of increasing attention in the field of intellectual property rights, More and more is also high to the requirement of patent infringement cases. On the trial of patent infringement cases are increasingly high requirements. The state has formulated a relatively sound legal system for the protection of patent. But because of the lag of the law,To deal with the new patent infringement dispute, With the trial of patent infringement cases in judicial practice, there are more problems, We need in the field of re analysis and research.The burden of proof is the key in patent infringement cases, How to determine the burden of proof and how to allocate the burden of proof is new product manufacturing method in patent infringement cases focus and also a difficult problem. the burden of proof of new product manufacturing method patent In the field of burden of proof of the existence of hidden features and passage of evidence, By the characteristics of the infringer in proof process is very difficult to collect evidence of infringement etc.. In arguing for new product manufacturing method of patent infringement on the one hand, a series of problems in the process of burden of proof, The analysis of the general rules of the burden of proof is not reasonable, combined with the related theory of burden of proof, The theoretical basis and legal basis to discuss new product manufacturing method patent infringement for the distribution of burden of proof.The particularity of the burden of proof of new product manufacturing method patent infringement lies the new of the product, so the new of the manufacturing methods is also the key to the allocation of the burden of proof.Through distinguishing the identification of the new products and existing products, stipulating how to recognize new product in detail; combing withrelated cases in recent years, explore the new products and existing products in their respective rationality and limitation of the burden of proof in the process of infringement, balance the rights and obligations of the new products and existing products in the distribution of burden of proof. In ensuring that the alleged infringer of commercial secrets from illegal infringement, try to restore the case facts, find out the truth.The development of China’s patent law adapts to the development of social economy, the start is later than western developed countries. Our country has experienced an evolution process from revision under high pressure of sino-us intellectual property negotiations, to the revision that the domestic economic development needs the specification of the relevant laws and regulations in the field of intellectual property rights legislation. Analysis of the burden of proof of the new product manufacturing method patent infringement should be perfected on the basis of summarizing the practical cases. It is necessary to study the evolution process of the Chinese patent regulations about product manufacturing method of the relevant provisions of the patent infringement. Through analyzing several revisions of the patent law in our country, patent law is gradually adapt to the development of economic and social changes, but it is still needed to continue perfecting.The burden of proof of new product manufacturing method patent is not only established in specification of the relevant legal provisions, but also should pay more attention to the special link the new product manufacturing method patent infringement in practice. Due to the particularity of new manufacturing method,so whether you need expand the discretion of the judge under certain conditions to cope with the practical case is also a question that deserves to be studied.Through comparing intellectual property regulations of international law and prevailing international practice and legislation of continental law system and Anglo-American law system, analyze their advantages and disadvantages of domestic and foreign legislation. On the basis of summarizing the practical cases,look forward to improving the relevant laws and regulations in China better.