Research On The Prior Art Defense In The Patent Infringement

As the increase in the number of patent applications, patent infringement disputenumber will increase, the prior art defense is frequently used in patent infringementdisputes. Therefore, the research begin with a large number of cases selection of thelatest and most representative case to discuss the existing defense.In fact, the prior artdefense in patent law is not theoretically controversial most intense content, but thereare too many court in our country to deal with patent disputes.With the discuss ofprior patent discuss in the judicial practice, a reference point of view or opinions canbe provided to a fair and reasonable to protect the interests of the litigants. Most of thecases are elected from the intellectual property rights referee Online,and some ofthem are picked from other sources,such as the reference works, periodicals,papers.The patent system try to balance the interests of patent holders and the publicinterest as much as possible. The prior art defense is a remarkable performance. Onone hand it limits the scope of protection of the patentee. On the other hand, itsafeguards the legitimate rights and interests of the public. The body part has fourchapters:In the first chapter the defense of prior art of essential characteristics is carriedon the thorough analysis, including attributes, necessity, advantage, background.Patent infringement in the prior art defense from the civil law in defense of the rightof development, with the patent is valid as the premise and the foundation, accordingto the law to determine the scope of patent protection. In our country under theseparate set of patterns, by the examination of the Patent Reexamination Board of validity of the patent invalidation procedure, prior art defense compared with socialeconomy has low social cost and low cost advantages.The second chapter describes the application scope of the existing technologydefense. In patent infringement judgment applied with the same principles andequivalent principle controversy, in defense of the prior art are applied on the sameprinciples and application of the equal principle controversy. In the judgment ofpatent infringement, doctrine of equivalents will allow for the patentee’s rightsprotection and range expansion prior to the date of application have been made publictechnology. Then, based on the principle of equity, justice, rationality, in the existingtechnology defense, they should allow the alleged infringer to the doctrine ofequivalents for the judgment of the prior art, in order to protect the lawful rights andinterests of parties.In the third chapter prior art defense applicable rules is In-depth analysis. As theevidence of prior art defense and the definition of patent review the novelty of theprior art is different, because the latter does not need to distinguish betweenunconfined public technique and non free known techniques, and in the prior artdefense of distinction. In addition, a simple combination of existing technologies canalso be used prior art defense, but can not be used to negate patent novelty.Thendiscuss the applicable rules of the prior art defense of comparative way andcomparison method.The final chapter with the base on the front of the three chapters, summed up thepatent infringement in the prior art defense in judicial practice and recommendationsfor improvement, and the correct understanding and application of prior art defensefor a complete statement.