Existing Technical Defense In Patent Infringement

With the rapid development of our economy and the international economic exchanges become more frequent, all kinds of inventions and the number of exterior design continues to increase, a variety of patent disputes also along with the growing, therefore, the existing technology defense principle as an important principle of tort defense to the plaintiff’s request is also more and more references. However, due to the lack of unified regulations and standards applicable to all courts, leading to an understanding of this principle is not consistent, so the phenomenon of different code fondant to occur, although the patent law in China in 2008 after the revision of existing technology defense principle after the provisions are more clear, however, due to the existence of various theories and views, to make this provision still exist many difficulties in the practical application, therefore, this article from the typical cases of China’s existing starting, in view of the present different views on the existing technology defense principle were analyzed, in order to probe into a unified point of view, so as to China’s patent infringement case justice, fair trial to make a modest contribution. A total of five part this paper:Through the first part of the typical case is introduced, which leads to the principle of prior art defense of patent infringement in our country that controversial issue, thus carried out for the following content has made the upholstery and guidelines.A deep analysis of the second part is about the basic theory of existing technology defense principle of patent infringement in China are, in this part, including a total concept of existing technology defense principle of significance, the application of several aspects such as the principle of equivalent. The existing technology defense principle in patent infringement has gone through a process of more long-term evolution and development, from the past "prior art defense", "existing technology defense" title today to the development of existing technology defense, this development and change in line with the needs of China’s economic and social development, made outstanding contributions to solve China’s patent dispute cases.The third part mainly introduces the is in the same and equal existing technology defense situation, existing technology Defense this part from existing technology defense under the condition of the same and equal case description, analysis of controversy and problems of existing technology defense in different situations, and comes to a conclusion that whether in the same infringement condition or equivalent infringement under the condition of existing technology defense principle should be applied to the conclusion.Discusses the contrast problem of existing technology defense of the two aspects of the fourth part mainly from the contrast of object and comparison of existing technology defense standard. To an existing technology or several existing techniques combined with the accused infringing technology is compared, the contrast technical scheme or carries on the discussion on the technical characteristics compared to those problems, thus obtains the contrast problem in existing technology defense on this article think that should take the unified standard.The fifth part can exclude patent on existing technology defense priority application were obtained the thorough analysis in the judicial practice, the court should first determine whether the defendant’s use of the technology falls into the scope of protection of the patent right, if the defendant used technology falls into the scope of protection of the patent right, according to the existing technology defense the defendant’s infringement claim sad whether the establishment of the. Do not very good safe guard the interests of the patent, and laid the foundation for the rational use of existing technology defense science third people, can achieve this conclusion effective balance of interests between the two.