Research On Patent Infringement Defense Strategy

With the advent of the era of knowledge economy,the patent system has gradually developed into an indispensable and increasingly important economic system,especially since the reform and opening up,the rapid development of society makes the patent system to recover and improve.When we use this system to protect the interests of the patentee,it is sometimes unavoidable to harm the rights or public interests of other non-patentees in order to protect the rights of the patentee while taking into account the rights of the non-patentee and the public Interests of the consideration,we propose and improve the patent infringement defense system,when a qualified subject is accused of infringing the patent rights of others,to give its legitimate and effective defense rights,can effectively balance the interests of all parties and take care of the social public interest The The author through the United States Apple and South Korea Samsung patent infringement dispute case guidelines,in the main analysis of the basic theory of rights infringement system under the premise of trying to explore how to identify the patent infringement and its identification of some of the principles of theoretical content,This paper expounds the reasons for the infringement of several kinds of patent infringement,and concludes with the concrete implementation of the patent infringement defense in practice,and the reason,manifestation and legal basis and the defense strategy of the defense are carried out.A more detailed analysis of the elaboration,and based on the previous understanding and understanding,put forward some practical ideas and opinions.The basic content of this article consists of five parts.The first part,the patent infringement of the defensive overview.Including the background of the topic of this article,the basic theoretical content of the paper and elaborate the focus.The second part does not violate the patent rights of the defense strategy.This article has written two main contents,the first does not infringe the causes of the rights of others,the form of expression plus legal basis,focusing on the form of infringement does not constitute a patent and how to determine whether the composition does not infringe the patent rights content;The second is to analyze and explain how the patent infringement of how to infringe the patent rights and interests of the effective defense of the litigation strategy.The basic framework of the third,fourth and fifth parts of this paper is basically similar to the second part of this paper,the direction of the study is roughly the same,but the content is different.The second part of this paper is mainly in the face of patent infringement allegations,from the fundamental negation of its patent infringement on the basis of the discussion,the latter three parts mainly from the refusal of others abuse of patent rights infringement of rights and interests of others and the existence of rights conflict and even Infringement of its patent rights but has been litigation limitation does not need to bear the responsibility of three different angles of analysis,and gradually progressive,the content gradually in-depth.The focus of this paper is mainly behind the four independent parts,which in turn the third point of each part of the infringement of the defense of the litigation strategy as the key.The main research methods of this paper are as follows:(1)theoretical analysis method.From the perspective of patent rights,the use of honesty and credit,the balance of interests and other basic principles of civil law on the basic theory of patent infringement and specific issues such as the issue of interpretation and interpretation of the views of this article to find the theoretical basis.(2)the method of empirical analysis.Due to the practical operation of the patent infringement defense,this paper analyzes and proves the main contents of the defense strategy of infringing the patent right in combination with the concrete operational experience and the existing theoretical research results.At the same time,it gives the basis for the support of this thesis.(3)comparative analysis of the method.In the research and writing of the thesis,the author makes a comprehensive and objective understanding of the litigation and theoretical issues of patent infringement and patent infringement defense through a large number of relevant literatures,and compares and analyzes After the pros and cons,put forward this article that is effective or can consider the direction of research recommendations.