Reflections On The Application Of Existing Technical Defense In Patent Infringement Lawsuit

With the deepen reform of technology and the strengthen protection of IPR(intellectual property rights), people’s consciousness about their rights have risen gradually. At the same time, enterprises are facing an increasing case of intellectual property litigation, especially in patent infringement litigation, which is important for businesses survival and development. Therefore, the importance of the prior art defense has gradually reflected. However, the judicial review is still blurred and in distinct in China’s Patent Law and related laws. To better define the scope of protection of the patent holder, we need to further complete China’s prior art counterplead in patent infringement litigation.Caused by the prior art defense is a practical rule, this paper mainly expound it by some domestic classic cases. Besides, this paper induces some different opinions that different scholars hold to the prior art defense, so as to provide some suggestions to perfect China’s Patent Law combining current status of China. The full text is divided into four parts.The first section briefly describes the prior art defense, including the concept of prior art defense, its existence foundation and nature.The second part analyses the existing regulations and practices of the prior art defense in the case, based on the analysis of the relevant provisions and practices,summarized the problems of the prior art defense.The third part analyses the viewpoint on prior art defense of Germany and Japan in the scope of the prior art, the scope of prior art defense and its applicable cases.The fourth part mainly analyzes the problems of prior art defense in specific application, so as to table a proposal for perfect our relevant legislations.