Research On The Defense Of Patent Infringement In China

In the era of knowledge economy,patent protection has received more and more attention,but the infringement lawsuits caused by patent disputes are also increasing day by day,and the patent infringement defense is particularly important for the success or failure of litigation.The infringement defense plays an important role in balancing the interests between the patentee and the public,preventing the abuse of rights by the right holder,and effectively protecting the legitimate interests of the accused infringer.China's "Patent Law" on the infringement defense provisions are relatively fragmented,systemic,and the specific provisions are not clear.In addition,the legislation and judicial practice are not uniform,which not only brings difficulties in the application of the judiciary,but also makes it difficult for the accused infringer to defend his rights in the defense.This paper has fully sorted out the existing patent infringement defenses in China,analyzed the problems existing in several typical reasons and proposed a perfect strategy,in order to benefit the judicial practice of patent infringement disputes in China.This article is divided into four chapters: The first chapter focuses on the basic theory of patent infringement defense,focusing on the types of infringement defense,that is,according to different reasons can be divided into substantive law defense and procedural law defense,non-infringement Defence and(partial)exemption defense,general patent infringement defense and special patent infringement defense,defense of patent rights and defenses that do not affect the validity of patent rights,and specifically analyze the important role of infringement defense.The second chapter focuses on the classification of the current defenses in China,which are roughly divided into three categories,namely,the defense that does not constitute patent infringement,the defense that is not regarded as patent infringement,and the defense or liability reduction or exemption defense.The third chapter focuses on the in-depth analysis of the problems existing in several typicaldefenses in China.For example,the establishment criteria of the prior art defenses are not uniform,and the scope of application is not clear;the first-use defense is too strict on the "original scope".Necessary preparations: There is a dispute over the recognition criteria;the patent invalidation procedure is lengthy,and there are“circular litigations”.The fourth chapter is mainly to put forward corresponding improvement strategies for the problems existing in the third chapter based on their own viewpoints,including the scope of application of the existing technical defenses can be extended to "the same infringement",the first use of the right defense to judge the "original scope" The standard should be appropriately relaxed,and the patent invalidation defense and the patent invalidation declaration procedure should be coordinated.