Research Prior Art Defense System

With China’s intellectual property system, intellectual property disputes increasefurther. Patent law in2008sixty-second for the first time by the legal form is introducedinto the existing technology defense system, which is one of the biggest changes topatent law. Existing technology defense is a defense system, generally refers to thepatent infringement dispute the alleged infringer to claims of infringement behaviordoes not hold its basic meaning is referred to as the accused infringing technologybelongs to the application for a patent for the prior art, the accused infringingtechnology does not constitute the infringement of the patent right.As everyone knows, the Chinese patent law amendment has been implemented inOctober1,2009, existing technology defense system should be matched, with newpatent law implementation. In addition, with the amendments to the patent lawdetermines the prior art defense system of legal status, existing technology defensesystem in the judicial practice in China will get more extensive application. However, inthe judicial practice of our country exists generally to existing technology defensesystem in order to prevent the misreading, the people’s Government of the departmentsin charge of patent and patent infringement disputes occur when the same misreading, inorder to reduce the people ’s court in the practice of judicial for this existing technologydefense system the wrong understanding, it is necessary for the existing technologydefense system to be regulated, and the the standard and patent law amendmentsynchronization implementation.This article from the prior art defense legal research, studies the prior art defensesystem’s connotation, source, and other related systems and prior art defense valueanalysis; and then through the relevant cases now judicial practice there exist someproblems, including the existing technology defense system applicable scope, and theexisting technology, compare mode establishment of the standard, and so on; againstudied the existing technology defense system and the invalid system some relations aswell as the existing technology defense system abuse; finally the prior art defensesystem and put forward some suggestions. Hope that through this judicial practice to provide basis or reference for patentinfringement, and is convenient to realize the judicial and administrative coordinationand unity.