Defense Of Patent Infringement

With the rapid development of science and the continuous advancement of society,citizens' awareness of rights has been continuously improved,and their awareness of protection has also been strengthened.This awareness is not only reflected in material life,but also in the form of patent infringement lawsuits.Intellectual property disputes.In order to protect their own interests from infringement,the accused infringer is often a wide-ranging and unintentional defense of various patent infringements.This will not only make it possible to raise a counter-argument that is more conducive to oneself,but instead give The judge's judgment of the case brought a certain degree of difficulty.However,in the lawsuit for infringement of patent rights,since the patentee is more in the position of the victim,it will inevitably receive more biased support from the public.On the contrary,the accused infringer has not found the cause of the infringement in the case.At that time,the inevitability will be accused by the public.Under normal circumstances,the alleged infringer's defense of patent infringement is not comprehensive and understandable,and it is impossible to think of the most favorable defense against himself within a certain period of time,which will be more disadvantageous in the trial.The status of the patentee,under the premise of abusing his patent rights,has caused his legal rights and interests to suffer unnecessary losses.Therefore,this paper aims to analyze the specific patent infringement defenses stipulated in the Patent Law and some new defenses proposed by experts and scholars at the present stage,to clarify the circumstances in which many patent infringement defenses are applicable,and the specific conditions of confrontation.The value orientation guarantees that the rights of the patentee are not infringed,and the interests of the accused infringer can be protected to the utmost extent.The rights and obligations of both parties have been balanced,and patent infringement dispute cases are handled fairly and fairly.This paper systematically reorganizes the patent infringement defenses,reeonstruets and classifies the existing defenses by the "dichotomy" method,and discusses the specific defense reasons,namely the patent invalidation defense,and leams from foreign novels.The practical right to slack off defenses complements and perfects the patent infringement defense system in China.The granting of patent rights is granted by the State Intellectual Property Office.The determination of invalidity of patents in the provisions of the current law in China shall be judged by the Patent Reexamination Board,and the courts that specialize in the trial of patents shall be established through the improvement of the courts of intellectual property rights,paying more attention to the administration.The ruling is linked to the lawsuit,The dual-track operation of judicial power and administrative power can establish an effective connection mechanism between administrative rulings and litigations by making more effective use of such operating mechanisms and shortening the time of litigation to improve the efficiency of people at that time.Ensure the most efficient use of judicial and administrative resources.