What are the grounds for defense against patent infringement?

Our country has special legal protection for intellectual property rights. This not only protects the rights of intellectual property owners, but also encourages invention and creation. Our country’s laws deal with infringement of intellectual property rights. So what are the defense grounds for patent infringement? Next, Legal Savior Network Xiao The editor has compiled relevant information for you. I believe you will have a good understanding after reading the following.

What are the grounds for defense against patent infringement

(1) Patent validity defense

1. The accused infringer claims that the patent right has exceeded the protection period, and the patentee If a defense is given up or invalidated by a valid legal document, corresponding evidence should be provided.

2. In the patent infringement lawsuit, the defendant If an infringer files a defense claim that the patent does not meet the patent authorization conditions and should be declared invalid, his request for invalidation should be submitted to the Patent Reexamination Board.

(2) Defense against abuse of Patent rights

3. The accused infringer obtained the patent in bad faith as the patentee. If a patent owner abuses his or her patent rights and files an infringement lawsuit for defense, corresponding evidence should be provided.

In patent infringement litigation, if the patent right is declared invalid, it should not be easily determined as an abuse of patent rights.

4. Obtaining patent rights in bad faith refers to deliberately circumventing the law or obtaining patent protection by unfair means. The purpose of patent rights is to obtain unfair benefits or to prevent others from legitimate implementation.

The following situations can be considered malicious:

(1) Apply for patents and obtain patent rights for previously existing national standards, industry standards and other technical standards;

(2) Will knowingly be widely manufactured or used in a certain area Apply for patents for products and obtain patent rights.

(3) Defense of non-infringement

5. Sued Compared with all the technical features recorded in the claims, if the technical features of the infringing technical solution lack one or more technical features recorded in the claims, it does not constitute infringement of patent rights.

6. Technical characteristics of the alleged infringing technical solutionIf one or more technical features are neither identical nor equivalent to the corresponding technical features in a claim, this does not constitute patent infringement.

The technical characteristics mentioned in the first paragraph of this article are not the same Not equivalent refers to:

(1) This technology The characteristics make the alleged infringing technical solution constitute a new technical solution;

(2) The technical feature is obviously superior to the corresponding technical feature in the claim in terms of function and effect, and a person of ordinary skill in the technical field believes that this change is a substantial improvement and is not obvious. .

7. The alleged infringing technical solution omits claims If a certain technical feature in the claim is replaced with a simple or low-level technical feature, the performance and effect corresponding to the technical feature in the claim are discarded or significantly reduced, resulting in an inferior technical solution, this does not constitute an infringement of patent rights.

8. Any unit or individual for non-production and business purposes Manufacturing, using or importing patented products does not constitute infringement of patent rights.

The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.