Study Of Product Manufacturing Method Patent Infringement Litigation, The Burden Of Proof

Burden of proof is the "backbone" in the civil litigation. In the patent infringement litigation, especially product manufacturing method patent infringement litigation, the burden of proof and rules directly affect the allocation of patent protection, thus affect the enthusiasm of science and technology personnel to innovate. All along, the allocation of the burden of proof, in product manufacturing method patent infringement litigation, is a difficult judicial practical problem. Therefore, the detailed study on the burden of proof of the method patent in China has great significance.Excluding the foreword and conclusion, there are four chapters in this article:Chapter 1:To introduce the concept of burden of proof, the allocation theory of the burden of proof, and to analyze the current situation in China.Chapter 2:To introduce the allocation on the burden of proof in patent infringement litigation, and to analyze the affection resulting from the responsibility principles of patent infringement, the scope of protection, and so on.Chapter 3:To introduce the allocation of the burden of proof in method patent litigation, including the history analysis of the burden of proof in China, different regulars in different countries, and detailed analysis of the method patent infringement litigation in China.Chapter 4:To introduce the problems in method patent infringement litigation, and put on improved proposal.