On The Defense Of The Judgement And Patent Infringement

Economy's purpetual development stimulates creation. Also are patent disputes.The determination and demurrer of patent infringement refers to the benefits of the patentee, the tortfeasor and the public, relates to the equity and authority of patent justice. This lecture starts with the conformation of patent infringement. Meanwhile it embodyes some cases to discuss the protective scope of patent right, the principle to confirm patent infringement and the demurrer which isn't patent infringement. The content of this lectuer is divided to four chapters: The first chapter is the summarise of patent infringement. This part discusses the conformation of patent infringement and the protective scope of patent right. Because of the different categories of patent infringement, the conformation of patent infringement is different. To determine a behavior whether or not is patent infringement, we should make certain the protcctive scope of the patent right first. The claim script is the basis to confirm the protective scope of the inventation and the utility model. As to the function of claim script when we confirm the protective scope, there exists three interpretative theories: central claiming principle, peripheral claiming principle and eclectic principle. The protective scope of a design is according to the product displayed in the picture or the photo; The second chapter discusses how to determine patent infringement. The determination of invention and utility model infringement refers to the application of all covering principle, the doctrine of equivalent, the doctrine of prosecution history estoppel and the doctrine of unwanted designation. Among this doctrines, the doctrine of equivalent and prosecution history estoppel has intgrated development course. The third chapter discusses in which condition it doesn't form patent infringement. That is the demurrer of patent infringement. It includes the absence of liability for infringement, prior art, litigation prescription, patent invalidation, contract and so on. The forth chapter puts forward my opinion on how to perfect the system of patent infringement determination and demurrer.