Study On Defense To Patent Infrigement

The purpose of patent infringement lawsuit is to protect the interests of the holder, but wehave to consider the defendant’s benefit and the social fairness. With the development of theeconomy, invention is emerging, patent disputes are also increasing. The complexity of the patenttechnology itself has covered and specialization, the market relations and regional characteristicdiversity of the interests of the patent. It led to the complex litigation and patent infringementlitigation process of uncertainty. The interest among the patentee, the alleged infringer tripartiteand the public relation, has relation to do with the patent judicial justice and authority of patentinfringement and patent holders. All this makes the study of patent infringement defense usestrategy is particularly important in theory and practice.Patents belong to private rights, has the characteristics of monopoly. Based on encourageinvention-creation, to promote the development of the technology progress of countries, need tofully in the law to protect the patentee. However, too many reasons can lead to market monopoly,the pursuit of economic interests can lead to abuse of the patent right to a certain extent. If thepatent do malicious use, it will restrict competition, and in a specific regional monopoly resultingin serious consequence. Patent infringement of the patent law, which requires us to explore on thecore elements of the patent system of patent infringement defense system, to balance the patenteeand the public interests.In this paper, using legal methods and empirical analysis, comparative analysis mainly fromthe following four aspects content and application of the right of defense, the theme of thein-depth analysis of the connotation of the specific rules and regulations, and puts forwardSuggestions for the legislative and judicial aspects. The first part introduces the patentinfringement, patent infringement deraignment connotation, specific content and elaborates thebasic theory and legal significance. The second part introduces the present situation of ourdefense applications, analyzes the sound of the national intellectual property patent infringementmainly patent infringement defense system, and to identify the infringement of patent defense theexisting defects. Through understanding the legislative and judicial practice of other countries inthe third part, the related theory summary, finding the essence of valuable patent infringementdefense system to learn. The fourth section of infringement of patent defense measures, summarizes the above, to improve the defense to patent infringement legislative and judicialeffective suggestions to improve economy.