Research On The System Of "Inequitable Conduct Defense" In Patent Infringement In The United States

The " Inequitable Conduct Defense " in the patent infringement in the United States is a defense which aims at the "inequitable conduct" in patent application.The"inequitable conduct" refers to the violation of disclosure and good faith obligations of patent application.The constitutive elements of the defense and the corresponding judgment criteria have been constantly improved and updated in judicial trials,which has also triggered discussions among scholars on the advantages and disadvantages of its application.Although the patent law of China does not clearly stipulate the"inequitable conduct" defense,it has been applied in the relevant legislation and practice.For example,the "patent law" provisions of the patent applicants',"existing technical disclosure obligations," which is one of the prerequisite and foundation of the inequitable conduct defense in the United States.In addition,the "patent infringement judgment guide" newly issued by Beijing high court in 2017 stipulates the "abuse of patent right defense" similar to the "inequitable conduct defense".Whether China needs to further establish the "inequitable conduct" defense system in the next step is an unavoidable issue in China's patent law.An in-depth study of the "inequitable conduct"in the United States patent law will provide reference for further decision-making in the patent law of China,which is of great significance to standardize and improve the patent infringement defense system in China.This paper mainly adopts the research methods of comparative study,literature study and case analysis to study the inequitable conduct defense and its enlightenment through the following four parts:The first part is the overview of inequitable conduct defense.This part makes a comprehensive use of comparative research,historical research and case analysis.First,it differentiates the concepts of "inequitable conduct" defense and clarifies the relationship between "inequitable conduct" defense and patent unenforceable defense and patent misuse defense.The second is a historical review of the defense of"inequitable conduct",including its establishment and the development and reform of its constituent elements,revealing the predicament and improvement measures encountered in the application of the defense in the United States,as well as the judgment rules on the defense.The second part is about the value and negative influence of the defense in America.From the perspective of value,this paper discusses the significance of the application of this defense,including the supplementary value of the pre-authorization and post-authorization review procedures at the level of patent review,and the independent value of the defense relative to other defenses or administrative penalties at the level of legal consequences.At the level of disadvantages,firstly,it analyzes and evaluates the criticism of domestic and foreign scholars on the defense.Secondly,it puts forward the deficiencies of the author's opinion on the defense,mainly including the waste of judicial resources.The third part is the comparison of the response to "inequitable conduct" in patent application between other areas and America.This part studies the patent system of European Patent Convention(EPC)and Japan,investigates the system design which effectively dealing with "inequitable conduct" and improving patent quality in their legislation and judicature,compares the characteristics of different systems,reveals the advantages and defects of respective system modes comparing to inequitable conduct.The fourth part is the enlightenment of "inequitable conduct" defense.Based on the analysis of the status quo of the practice of our country,combined with the legal system of the United States and other countries,this part analyzes the applicability of the defense in our country.Whether from the perspective of "the principle of good faith",or considering the existing patent system,the defense has the feasibility of the introduction.On this basis,the author puts forward the part that our country should learn from the United States and the preventive measures for its disadvantages.