Legal Research on Patent Infringement Defense

Abstract: After China’s entry into the WTO, inland enterprises have involved in much more patent infringement litigations than ever. Especially, the number of the said litigations between inland and foreign enterprises is increasing very rapidly. How to defend patent infringement claims has become one of the hot and important subject matters for legal study in the circle of Chinese scholars. By studying legal theories and practices regarding patent infringement defense both inland and abroad, the article systematically analyzes issues concerning patent infringement defense, creatively discusses how to launch a legal system for defending patent infringement claims with Chinese characters, and then brings forward designs to legislate patent infringement defense as references.From a macroscopic view, the article adopts legal research methods of deduction and systematic analysis. It regards patent infringement as a clue, and then educes the legal subject matter of how to defend patent infringement claims, which is being ardently discussed by the circle of those people studying and practicing law. By regarding patent infringement defense as the main thread of discussion, the article systematically and comprehensively expatiates on the contents of the article, such as the concept of patent infringement defense, principles of patent infringement defense, systems of patent infringement defense, as well as necessities and feasibilities of legislating patent infringement defense. From a microcosmic view, the article adopts analyzing methods of illustration, induction and comparison. At the same time, it exerts the logic reasoning rules, from small issues to large ones, from phenomena of a problem to its essences, as well as from construction of a specific patent claims to deduction of different systems for defending patent infringement claims. In addition, in consideration of the complexity and diversity of patent infringement defense systems, the article classifies and specifies them from different angles, and at the end of the article, conceives the future legislation pattern of China regarding patent infringement defense.This article is divided into the following four chapters:Chapter one The concept of patent infringement defense Based on the entire review of the connotation and extension of patent infringement, deep and systematically analyze the connotation and characteristic of the concept of patent infringement defense. Put forward that patent infringement defense refers to th…
Key words: Patent infringement; Infringement defense; Claim; Defense principle; System