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Prior art defense in patent infringement in the applicable

Author: YuanWenJun
Tutor: HeMin
School: East China University of Political Science
Course: Legal
Keywords: Patent Infringement proceedings Art Contradict
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 61
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Abstract

Indeed the right of patent disputes and deal with patent infringement disputes are taken individually set mode. This mode causes defects in the face of the court when faced with conflicting patents, patent defect only by the Patent Reexamination Board examination in order to be recognized as invalid and patent invalidation procedure is a complex process, once the court suspended the hearing into the review process, litigation will will enter a lengthy process, which gives the parties brought a heavy burden. In order to avoid the litigation process to bring the program into the patent invalid tired of First Instance, in judicial practice gradually produced a system of simplified proceedings - defense of existing technology, the system as long as the accused infringer can prove that the technology the prior art, the court would not have found its tort liability, national patent laws provide that the regime. In order to solve these contradictions, our first introduced in judicial practice prior art defense principles, which are more typical \2008 December 27, Nisshin revised \However, the relevant provisions of the still relatively principle, judges, lawyers, the parties in the judicial practice specific principles applicable prior art defense there is a certain degree of difficulty. \The purpose of writing this article, is to combine the case, to further explore the value of prior art defense, legal basis and focus from a practical perspective the scope of prior art defense and the specific rules and criteria applicable to the judicial practice of some benefit. Full total of five parts. Introduction The main part of the \The first part describes the basic theory of prior art defense. First introduced the concept of prior art defense and the scope of the prior art were defined, and then explores the prior art defense in depth the legal basis and institutional reality of the existence value. The second part discusses the scope of the prior art. Can I use the same infringement in the prior art defense system is there is a big controversial issue, so this article related theory and jurisprudence at home and abroad, mainly discusses the problem, put forward their own views. The third part discusses the previous text on the basis of the case to the defense of existing technologies for specific steps are discussed in depth in order to judge the judicial practice how to properly understand and apply prior art defense system to inspire and help. The fourth section reviews the present case, the Court's judgment results are analyzed and thinking, simultaneous analysis of patent infringement disputes in the parties' strategic choices, and further deepen defense of existing technology applied in practice understanding.

Prior art defense in patent infringement in the applicable

Abstract

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