Research On The Defense Of Conflicting Application In Patent Infringement Litigation

The purpose of the Patent Law is to protect the legitimate rights and interests of the patentee,to encourage innovation,and to safeguard the public interest.As the core of the patent system is monopoly,the interests of the patentee and the public interest are inevitable contradictions that need to be balanced in the patent system.For different reasons,some patents are defective in essence because they do not meet the authorization conditions stipulated in the Patent Law.In the context of the separation of functions and powers in China,before the third revision of the Patent Law in 2008,the accused infringing party could only apply for invalidation to the national patent administration department in the face of the patent with validity defects in the plaintiff.However,the invalidation procedure was time-consuming and laborious,which further aggravated the contradiction.In order to balance this contradiction,Article 62 of the Patent Law after the third revision stipulates the prior art defense.In a patent infringement lawsuit,if the accused infringer has evidence to prove that the technology implemented by him belongs to the prior art,he can fight the plaintiff’s infringement charge.Conflicting application has similar functions with prior art,but the Patent Law does not stipulate the conflicting application as a defense of infringement.In recent years,people’s courts have gradually explored the practice of applying the prior art defense by analogy to the application of conflicting applications in judicial practice.Although the defense of the application of conflict has been widely recognized in the judicial level,the defense is basically no longer controversial,but until today,it still has not been recognized by legislation,and there are still some disputes in its specific application.The first chapter of this paper introduces the basic concepts and related concepts of the defense of conflict application and analyzes the development course and application status of the defense of conflict application.The second chapter analyzes the defensibility of conflicting applications.Firstly,it analyzes the jurisprudence of the prior art defense,and further analyzes the principle and justification of the application of the prior art defense by analogy to the conflict application.The third chapter analyzes the applicable rules of defense against application.Comprehensively combing the composition of the defense of the conflict application,sorting out the application situation in judicial practice,making theoretical analysis,and then drawing a conclusion;The fourth chapter puts forward the suggestion of constructing the defense system of conflict application.In view of the problems encountered in the application of the defense of conflict application in practice,this paper puts forward the solutions,and puts forward some suggestions for the final construction of the defense system of conflict application.