Research On The Prior Art Defense System Of The Patent Infringement

Along with the domestic laws and regulations,especially the patent infringement lawsuit system gradually perfect sound,the patentee to protect their rights consciousness is more and more strong,the existing technical defense as a means of defense,the patent infringement is becoming more and more receive the attention of the public.Therefore,in the actual patent infringement lawsuit,it is very important to establish the applicable standard for the existing technical defense.However,the current domestic existing technical defense specification and interpretation of the current patent laws is not very perfect,set theory and the practice about how to apply existing technology defense is pretty much the focus of debate.For example,the scope of the existing technology,whether the existing technical defense is applicable in the same infringement,and how the existing technical defense should be applied in the judicial practice.All the above needs to be carried out by domestic scholars to further study and explore the existing technical defense.The main body of this paper is divided into four parts.The first part is the introduction part,which mainly introduces the research background and significance of the existing technical defense,as well as the relevant research methods and technical route contents.The second part mainly introduces the legal basis of the existing technical defense,firstly introducing the concept,origin and the function and defense function of the existing technology.Through this part of the system introduction,the following applicable rules and tort litigation to lay the theoretical foundation.The third part mainly deals with the existing problems in the application of the existing technical resistance,and makes a detailed explanation of the comparison sequence and criterion of the current technical resistance.In addition,the author introduces the cases of infringement disputes in my actual work,focusing on the facts of the case,the judicial practice between the courts and the disputes between the parties in this case.The fourth part discusses the precondition of the existing technical defense in the foreword,and introduces the superficial understanding and rude suggestion of the existing technical defense system in China.In particular,it includes the improvement of the improvement of the order,the perfection of the judgment standard,the improvement of the application of resistance application,the cohesion of the infringement lawsuit and the invalidation procedure.In litigation,patent infringement lawsuit about himself is existing technical defense system puts forward relevant views,hope that the various views and opinions in the article can be used as a profession in the future about the beneficial reference to the research on the existing technical defense system.