Research Of Applicable Rules Of Patent Infringement Defense

Patent infringement defense is defined, in the progress of patent infringement litigation, the defendant (refer to Infringer party) put forward several issues in terms of refuting to admit infringing patent or relief, mitigation from it regarding litigation claims from the plaintiff(the patentee or related interested party). Justifications of patent infringement defense are defined as realities verifying the claim is false or not fully established from plaintiff. Applicable rules of patent infringement defense apply to the case that it can provide definite, controllable and procedural rules for defendants at the process of patent infringement litigation. It is beneficial for the alleged infringer to effectively use these justifications after having some researches about the applicable rules of patent infringement defense, thus maintaining his legal rights at the process of infringement litigation. Jurisdictional rules of patent infringement litigation, the selection rules of patent infringement litigation in civil, criminal and administrative proceedings, applicable rules of substantive and procedural justifications, the rules of giving proof of patent infringement litigation liability,defense reasons putting forward the deadline rules are the generally applicable rules at the process of patent infringement defense. The patent invalid defense system of the United States, Germany and Japan is similar with our country, but invalid reasons are different. The United States, Britain and Japan’s temporary transit defense has on the same terms, but has the different legislative model. Germany, Japan, the United States’ existing technical defense system adopts novelty and creative standard, which has become an international trend. The United States right loafing defense system and our country aging defense system have similarities, but the United States’ can reflect the subjective condition, which has the practical value and is worth to draw lessons from. In the patent infringement lawsuit, how to choose the defense strategy is very important. The Zhou’s non patent infringement case is a practice case to use patent defense rule, which has the defense tactics enlightenment and is the example to choose defense path. The perfection of patent infringement applicable rules shall consider setting up the intellectual property right court, perfecting patent litigation the burden of proof system, giving trial institution invalidation arbitrament, constructing rights loafing defense system to realize the balance of interests, and eliminating the litigation dispute.