Study On Patent Infringement Defenses

Nowadays, citizens’ consciousness of right are becoming more and more strong. With the rapid development of science and techniques, there are more and more disputes over intellectual property litigation among which the most representative one is patent infringement lawsuits. In this kind of litigation, patentees’ status of victims make them get most of the public’s support naturally. While infringers are always get criticized by the public because of their alleged infringement behaviors. Meanwhile, infringers’ unfamiliarity to patent tort demur makes them get in a more disadvantage position, and their own legal advantage suffers a loss. On this basis, this thesis aims to analyze the defenses of patent infringement and clarify their applicable situations and conditions, so that infringers’ reasonable profits will not be damaged in related litigation.This thesis consists of four parts. The first part focuses on the nature of patent tort demur.It discusses the precondition of patent tort demur performance, that is also called patent infringement responsibility. By compared with generally tort, it introduces the principles of the judgments of patent infringement and the civil liability of patent infringement. The second part focuses on defenses of patent infringement in China and divides them into three kinds, and analyzes each of them. The third part is mainly about the disadvantages of defenses in China and analyzes the negative impacts of them. The last part takes America and Britain which are common law system countries, Japan and Germany which are civil law countries as examples to do researches, so that China can get some successful experience from their practice.