Research On The Prior Art Defense System Of China

With the China’s patent law revised for third times in 2008, the prior art defense system has been established in the legislation officially. It is of great significance to eliminate the disputes in academia and make a unified of the judicial judgment standard. However, Article sixty-two of the patent law is too strict to provisions of prior art defense, and the applicable dimension is not very clear. It will lead a lot of debates about the application of the prior art defense in patent in academia and practice field. Therefore, the author try to do in-depth research on the prior art defense system related theory, fitting with the author’s thought in this paper. It is good for legislation of patent infringement lawsuit and practice on the judicial.The article is divided into six parts, including the introduction, the basic theory of the prior art defense system, the development and research status of the prior art defense system, analysis the causes of prior art defense system’ controversial, thoughts of how to improve the prior art defense system and the conclusions.The introduction introduces a study of the causes of the prior art defense system briefly in China.The main part consists of four parts. The first chapter introduces the basic theory of the prior art defense system, it introduces the concept, the nature, the legal basis and the value of system of the prior art defense respectively. The second chapter is about the development and research status of the prior art defense system in our country. This part mainly introduces the origin of the prior art defense system, the legislation situation of the prior art defense system in our country, the theoretical discussion of the prior art defense system in academia, the practical exploration of the prior art defense system in the judicial practice and the existing controversy of the prior art defense system in our country.. The third chapter discusses applicable scope of the prior art defense system. It is analyzed from two aspects, one aspect is scope of the prior art, the other is applicable scope of the prior art defense system. The forth chapter is the applicable rules of the prior art defense. It discusses compared sequence, contrast methods, compare the standards and procedure rules of the prior art defense.The last part puts forward the author’s main ideas.