Study On The Application Of The Defense In The Public Technic About The Patent Infringement

the establishment of the franchise awards of National patent system is to promote economic ,science, technology developement . it focuses on the effective protection of patent rights. Once the Patent Office awardes a patent, the patentee have the right to prohibit infringement to his patient. Because of the invisible nature of patent, when technical programm was awarded the franchise, the law protects the rights of its borders is not very clear. in Patent system, the patentee through his patent claim book to public patent protection. In patent infringement litigation, the Court sentences whether it is a patent infringement by patent claim book. Because the patent system is to balance the interests of the public and the patentee, and along with the country's political, economic policy ,therefore, the Court obey many special rules in patent infringement cases , make broadening or narrowing interpretations for patent claim book , and make sure whether being sued infringing products or methods belong to the scope of protection through technical features. Court explained that the public technic defence is a special rule for patent rights, as well as a defence matter in patent infringement case that court must consider. In terms of our...