Defense Of Patent Infringement Litigation Research

A patent is the relevant government authorities according to a document issued by the application, it gives the inventor or assignee of their rights to their inventions in a certain number of years to enjoy exclusive rights or exclusive right. The purpose of the various national patent laws are to have a deadline by the inventor of the patents to promote scientific and technological development. This reflects the interests of the patentee and the public interest to strike a balance between, that both the patent system to protect the legitimate interests of patent holders, but also to prevent abuse of the right to harm the public interest, anti-harm technological development.20 years, China's patent system continue to develop and improve at the same time, patent disputes are increasing. Patent infringement disputes in which more than 80%. In the patent infringement litigation, many courts in the trial when evidence of the patentee bias. At the same time, there are also authorized by the patent more pseudo-patents and patent invalid, in particular, is China's utility model patent and design patent application does not make any substantive examination, which led to some violations of the "Patent Law" under the utility model and appearance of the design patent application is a patent. Therefore, as the party accused of patent infringement, if in fact there is no infringement, should be rational and effective defenses, otherwise their interests will be subject to significant losses.Infringement of patent infringement defense is in patent infringement litigation, for the plaintiff's claim raised by action request can not be set up to prove their case. Infringement of patent defenses in patent infringement proceedings, the alleged infringing technology and patented technology under the same or equivalent conditions, the defendant against the plaintiff and its stakeholders of the allegations and the request to submit their infringement not established the facts and reasons. The statutory defense of patent infringement exemptions include the following: prior use, patent exhaustion, temporary cross-border use, for scientific research and rational use of the subject. In the patent infringement litigation, the defendant can be characterized from the perspective of the use of patented technology patents a vigorous defense of the defense.In this paper, "the defense of patent infringement litigation issues" as the research object, from the analysis of many aspects. Full-text of five parts. The first part of the patent infringement lawsuit from the basic problems, we should briefly describe the patents, patent infringement of their basic concepts and characteristics and behavior of the type of patent infringement. The second explores some of the major patent infringement defense system, the legal basis and practical significance; third and final part describes the principles of patent infringement determination. The fourth part of a detailed analysis of patent infringement litigation in the common defenses; fifth part of the defense of our country on the issue of patent infringement inadequacies from the established legal principles and how to build two aspects of how the legal system put forward a sound proposal and response. Full-text is designed to China's patent infringement lawsuit in defense of the accused to provide a valuable reference, which has strong practical significance.