To Determine The Principles And Defense Of Patent Infringement

The patent law of our country is implemented from April 1,1985, patent law perform sign the establishment of the patent system of our country, establish patent system purpose is for protect invention creation patent right, encourage invention creation to be helpful to invent creation popularize application, promote science and technology to advance with creat, meet the needs of socialist modernization, plenty of judicial practice prooves: protect patent right at the same time again defend the key problem of the benefit balance of the public lie in for patent tort judge , our country in judge the legal stipulation of aspect for this problem relatively the operatingness of principle and judicial practice also for differ from relatively comparatively, stipulate especially for some laws as " equate , principle " , " use right first, " , " existing technical counterplea scope " have no relatively consistent standard on the understanding of etc. concept, at the same time utilize in practice discrepancy also relative greater, practice proof, protect the key of patent right according to law lie in patent tort judge . this work is concerned with legal problem , is also concerned with technical problem, may be also still concerned with each and every field of science and technology aspect, therefore, for patent tort case case, not only patent lawyer andinvolved party feel difficulty greater, some judges also often feel have no clue.Occupy the pass covariance, went to 2000 in 1992, the national court accepted totally on reviewing 8810 of the patent right case, in these patents dispute case, the big part is many in the last years of the patent infringement case, the intelligent property right court in the court and patent lawyer, the patent agent passed to take up or acted for a great deal of patent infringement case, obtain the certain experience, but was very strong because of the patent case profession, technique, for how carry on the patent infringement's judge, the different standpoint caused the judicial standard and the difference of the conclusion by all means.This text tries to combine to practice the case example to judge the basic principle and infringements to refute to the patent infringement two the generous noodles take into the treatise, taking in to induce the summary towards taking some problems of have the totals on the other hand, on the other hand carrying on the analysis and discussing towards practice in some new problem of problem and existence controversy for meet, carrying on the study with everyone.