Legal Issues In Demur Of Patent Tort

Patent, as a kind of monopolistic right, reflects patentee's important request in benefit after getting patent. Law of patent in China and lots of countries in the world draft rules in details in cognizance and sanction to patent tort, which shows the strength of protection of legal rights and interests of patentee. At the same time, in order to prevent patentee from abusing patent and unlawfully exercising rights, a series of measures have been made in many aspects to restrict exertion of the right.Due to the complexity of the social development in China, there has been a long and hard process for the establishment and perfection of the legal system, especially in the area of patent law. Along with the development of the market-oriented economy, here come forth many defects in patent law and relevant legal explanations, which barricade China's economic development, as well as cooperation and communication with foreign countries, and thus are disadvantageous for protecting the legal rights and interests of patentee.In order to systematically explain the demur of the defendant in the suit of patent tort, this paper, through thorough document reference and logic comparison study, starting from the basic theories and issues in the demur of patent tort, defines relevant concepts in demur of patent tort, explains its theoretical foundations and principles, and analyzes the extent of patent tort. In addition, on the basis of this theoretical analysis and with reference to national and oversea legal practices, the paper systematically categorizes and summarizes the implementation approaches in demur of patent tort in China, which can be helpful in correcting defects in China's current patent law. To sum up, the study is quite meaningful for perfecting the legal mechanism in patent tort dissention, ensuring the implementation of demur in patent tort lawsuits, and promoting the harmonious development of socialist market-oriented economy.