Patent Infringement Defense

Patent is a kind of monopolistic right, law of patent stipulate that any unit and person shouldn't enforce the patent without patentee's permit. Law of patent in lots of countries in the world rules in details in cognizance and sanction to patent tort, it reflects that many countries in the world attach important to the interests of patentee, the purpose is to encourage and promote people to make more invention and then impulse the progress of science and increase the social fortune. But because of the monopolistic characteristic of patent right, it will restrain the development of counterworker's and restrict their competitive capability and then cause monopoly in a certain realm and hinder the development of science and technology if patentee maliciously uses these monopolistic characteristics. This requires us to research into how to equipoise the interests of both sides which are both under protection by law. On the one hand, we should protect the patentee's interest by patent law to ensure their creative work to be impartially and reasonably compensated, on the other hand, we should take the public's interest into account by restricting patentee's behavior which would restrain the innovation of technology and restrain the effective collocation of social resources. Though the inventor's monopolistic right is acknowledged in patent law, meanwhile, the monopolistic right of inventor's is often restricted in some aspect. Then the problem is how to define patent tort and how to properly use the demurring excuses of patent tort The article discusses the law foundation of demurring excuses of patent tort as below:The first part mainly introduces the conception of patent tort, composing elements of patent tort, and categories of patent tort.The second part mainly discusses the three primary demurring excuses of patent tort. They are: (1) Legal excuses that not regarded as patent tort in law, including depleting principle, peruse right, temporary pass, and using not for producing and sale. (2) Demurring excuses of equal to patent tort, including no pull back principle and demurring in technology of common knowledge. (3) Other demurring excuses, including patent invalidation, abusing patent and litigation prescription system.The third part explains the importance of constituting a series of effective demurring...