Research On The Defense Of The Existing Technology

As a means of non-infringement defense used by the accused infringer in the patent infringement lawsuits, the prior art defense helps such accused infringer to bypass the administrative system of patent invalidity and to end judicial proceedings in relatively short period, and has been widely applied in judicial practice. The Patent Law of 2008 first established the prior art system; however, there was no specific or clear regulation on the concrete rules applicable to the prior art system related issues in judicial practice, resulting in the occurrence of phenomena where different verdicts are delivered on the identical cases by different courts. Chapter One of this paper conducts empirical analysis of the typical cases of prior art defense in patent infringement lawsuits, starts with the patent disputes between Samsung and Apple, thoroughly expounds the controversy focus of this case and leads to the prior art defense system. Chapter Two discusses the application of rules applicable to the prior art defense from the origin of such system. Chapter Three, combined with the legislation and practice status of China’s prior art defense system, analyzes current problems of such system.And Chapter Four proposes the optimization suggestions on the prior art defense system, in order to provide a reference to the optimization and judicial practice of the system.