Comparative Study On The Burden Of Proof In The Method Of Limited Product Patent

Author studies the right acquisition and relief system for product-by-process patent by comparing the civil law with case law in the thesis. First, by comparing the civil law with case law as to the right acquisition, author proposes that process features in a product-by-process claim should be recognized as necessary technical features, that is, can not be omitted when one establishes the protection scope of the claim. Second, by comparing the civil law with case law as to the distribution of the civil burden of proof, author proposes that the distribution of burden of proof for Chinese civil law should be composed of three parts, that is, general rule, contrapositive rule, and judicial discretion rule. Author further studies the defect of relief system for Chinese law and judicial practice and proposes some advice in the thesis.