Research On The Scope Of Application Of Prior Art Denfense

Since the earlier German patent law set a period of statutory exclusion for patent invalidation requests,the prior art defense system was created in order to prevent the defective patent from affecting the public’s normal use of the existing technology.In the subsequent theoretical development,the prior art defense system was merged with the principle of equivalence as a means of restraining improper expansion of patent rights.Although the application of the prior art defense system in the equivalent infringement has been generally accepted,there is still much controversy over the application of some countries in the same infringement because of the separation of the powers and responsibilities of some countries in the patent system.The focus of controversy over the application of the prior art defense under the same infringement lies in the tension that it may cause in the relationship between the judiciary and the executive power.This is because the application of the prior art defense to the same infringement entails the existence of a procedure that directly compares the prior art with the patented technology,which in turn may involve the determination of the validity of the patent,which is obviously beyond the jurisdiction of the judiciary.At the same time,judging standards of patentability,apparently,no unification has been reached between the judiciary and the patent administration organ,which will also cause the disorder of the patent appraisal system to a certain extent.Therefore,it may be more legal to convince the courts that have professional trial resources such as intellectual property courts to centrally administer such cases,and the trial system for intellectual property rights will also be more perfect.