What are the defense grounds in patent infringement litigation?

If the defendant in a patent infringement lawsuit pleads the contract and at the same time requests to add the transferor of the contract as a co-defendant, if the plaintiff agrees to the addition, the transferor of the contract shall be added as a co-defendant; if the plaintiff insists on not agreeing to the addition, the transferor shall be added as a co-defendant in the contract. After the transferee assumes tort liability, the contract dispute can be resolved through contractual litigation or arbitration. What are the defense grounds for patent infringement? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the defense grounds in patent infringement litigation

1. Patent invalidity defense

The accused infringer can request the National Patent Reexamination Board to declare the patent invalid during the defense period, and request the court to suspend the case on the grounds that the patent right has expired, the patentee has given up the patent right, or the patent right does not meet the patent authorization conditions. Trial.

2. Defense for non-production and business purposes

The purpose of production and business is a necessary condition for infringement of patent rights . It is possible to use patent rights for purposes other than production and business operations.

3. Defense based on the principle of estoppel

The content abandoned by the patent applicant or patentee during the process of patent application or maintaining the validity of the patent right can no longer be included in the scope of patent protection. The patent used by oneself belongs to the content that has been abandoned by the patent applicant.

4. Defense against patent abuse

The accused infringer defended on the grounds that he obtained the patent right in bad faith and abused the patent right. This includes applying for patent rights for technologies that were already national standards or industry standards before the filing date.

5. Priority technology defense

The alleged infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design that has been disclosed before the date of patent application. does not constitute infringement of patent rights.

6. Defense of prior use

Has been manufactured before the patent application date If the same product, uses the same method, or has made necessary preparations for manufacture and use, and continues to manufacture and use only within the original scope, it does not constitute patent infringement.

If you want to use the law to protect your rights, it is recommended that you can conduct online consultation on the Legal Savior Network , a professional team of lawyers will answer your questions and protect your rights and interests promptly and legally.