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Research method patent infringement litigation

Author: MouYongLin
Tutor: YangJianBin
School: Heilongjiang University
Course: Legal
Keywords: Method patents Infringement litigation Scope of patent protection Preservation of evidence IP forensic
CLC: D923.42
Type: Master's thesis
Year: 2009
Downloads: 49
Quote: 2
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Abstract


Judicial relief is the ultimate measures to protect the interests of the patent holder . This article will discuss the method patent in the patent infringement litigation problems and their solutions to make a tentative exploration . Method patent infringement lawsuit , because the judge is more difficult to judge the difficulty of professional technical problems and evidence of infringement , the predictability of the outcome of the proceedings . Although the Court request of the applicant made ??the preservation of evidence to a certain extent to solve the problem of access to evidence of infringement , but because the court must rely on evidence preservation process patentee easily infringement of the applicant 's technical secrets . Another new product manufacturing methods infringement provisions of the burden of proof , there are certain problems in practice and unfair . The author proposed Intellectual Property forensic people to intervene in the the evidence preservation process , and solve the the evidence preservation process violations of the innocent secret , and falls within the scope of patent protection on forensics technology identification .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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