Existing Technology In The Patent Infringement Litigation Defense System Research

Existing technology is frequently used in defense of patent infringement litigation. It is an important system for accused infringer to get rid of tort litigation. Patent law provided existing technology defense system on December 27, 2008. It is the legal basis for the existing technology applied to patent infringement defenses. But the patent law made it principle provision only. The scope of the defense of existing technology, the comparative way, and the contrast standard has no specific provisions. It is difficult to use the existing defense in a case. We have a lot of courts to deal with patent infringement cases. It is very easy to cause the different results in one case. So it is necessary to discuss the above problems.This article discussed the existing technology defenses in three parts.In the first part,I explained the concept and the theory of existing technology defense as the beginning of the article. I pointed out that the justice is the basic of the existence of existing technology defense.In the second part, I analyzed the current situation of the existing technology defense in our county. Existing technology defense has experienced a long process from avoid to application. Then, I analyzed the use of the existing technology defense in our courts through a case named thermal controller, especially in the courts'option of the scope of existing technology defense, comparative way and contrast standard.In the last part, it is an important significance to use the existing technology defense exactly. I put forward my own point of view of the scope of existing technology defense, comparative way and contrast standard.The existing technology defense has been in exploration stage for many years in our country. I hope those personal suggestions will be helpful to the application of this system in judicial practice.