The Application Of Existing Technology Defense In Patent Infringment

In recent years, with citizens' growing patent protection awareness, when facing patent right violation and some patent infringement acts, more and more people choose to solve those problems by suing or legal means, they tend to request the relevant courts or the patent administrative authorities to intervene. At the meantime, more and more violators also defense themselves by applying the relevant laws in the suing process. Existing technology defense is one of the common defense approaches. The Existing technology defense aims to give more freedom to the legitimate administration so as to avoid the complicated procedure, and enhance the efficiency of case-solving. However, in the current academic circle, the detailed application rules are quite different from those in the practice circle. The heated debate lies in the following aspects, such as, the legal basis of existing technology defense, the invoke scope of the existing technology, applicable standards, scope of application, the comparison sequence, the possibility of referring the existing patent to defense the illegal patent application and so on. It is undeniable that fruitful researches have been made in the study of these issues, but there are still some problems remains. I have summarized the deficiencies as follows, first, some basic concepts, which have been final judgment, are still ambiguous. Take conflict application as an example, some scholars even identified two different patents as conflict application. Second, previous studies mostly lunched as a separate issue, few scholars discuss the common values underlying the different issues. Besides, most previous studies only at the theoretical level, there is not enough attention paid to the actual situation of our country.This article aims to analyze the different academic perspectives by case discussion, after that, exploration on the specific applicable rules will be made to meet the facts of our country. This paper consists of four parts.The first chapter is a brief introduction to "channel fiber structure", the essence judgment rule and the results. Some controversial issues in this case are also summarized.The second chapter discusses the basic theory of the existing technology defense, aims to clear the connotation of existing technology defense, terms of reference of separation mode, the theoretical basis. The inventions should be patentable, patents should be exercised lawfully and not infringe the rights of others, efficiency should also be seen as important as just.The third chapter presents controversy dispute appeared in the case. Study the specific rules which apply in existing technology defense, the scope of the existing technology can be invoked, the applicable standard, the scope and the specific sequence comparison are included.Chapter four discuss several problems which were associated with the existing technology defense, including the right to use defense first contact with the difference between the existing technology defense, repeated authorization in relation to the existing technology and the inconsistent application can use defense problems in the existing technology.