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Case Studies of Prior Art Defence in Patent Infringemnnt Litigation

Author: GongAn
Tutor: ShouBu；HuBinBin
School: Shanghai Jiaotong University
Course: Legal
Keywords: Prior art defense Scope Contrast order Contrast to the standard
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 52
Quote: 0
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Abstract


Prior art defense received extensive attention in the the patent defense system in the ascendant the theoretical circles on the discussion of the prior art defense , get more and more use of the practice in the prior art defense . And after the amendments to the Patent Law , the form of legal provisions on the content of the prior art defense to make specific provisions to provide a legal basis for the application of the prior art defense system in a patent infringement dispute . Select the three cases as an object of study and research related to the prior art defense . The article is divided into five parts , the first part is the introduction of the prior art defense system , the focus from the point of view of the interpretation of the legal provisions of the prior art defense , on the meaning of the prior art defense and defense to the extent applicable , and the applicable judicial practice comparative way , compared to the standard view . This part is mainly theoretical knowledge comb , some controversial issues , I also put forward their own point of view . The second to the fifth part of the case introduction , review and summarize , He Weibin v. Wenzhong company's patent infringement case , Maier v. sent the U.S. company's patent infringement case , the Jinpeng companies v. the Kunisaki company patent infringement case . Each case , the first to present their case , including case the fact that part of the court views . Second application of art defense case is reviewed , the Court adopted a different sequence of comparison and contrast with standard . Finally, the case summary section summarizing the comparative sequence , comparative standards , compared to the content of the prior art defense . Through the exploration period to stir further discussion of the prior art defense in patent infringement disputes , to provide a reference value for the judicial practice .

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