1, patent invalidation defense
In the defense period to the State Patent Reexamination Commission to request the invalidation of the patent, and at the same time request the court to suspend the case. At present, the conditions for the suspension of the litigation is relatively strict grasp. In some cases, the defendant may be required to provide a security deposit for the suspension of proceedings.
2, non-production and business purposes defense
Article 11 of the Patent Law provides that no one without the permission of the patentee, shall not for the purpose of production and business manufacture, use, promise to sell, sell, import its patented products, or use its patented method and use, promise to sell, sell, import the products obtained directly in accordance with the patented method. Therefore, the purpose of production and management is a necessary condition to constitute infringement of patent rights.
3, the principle of estoppel defense
Patent applicant or patentee in the patent application or maintenance of the patent right in the process of validity of the content of the abandonment, can no longer be included in the scope of patent protection.
4. Defense of Donation Rule
For the technical program which is only recorded in the specification by the patentee but not in the claims, it is deemed that the patentee has donated the technical program to the society, and it shall not be claimed in the patent infringement litigation that the said content which has been donated belongs to the scope of protection of the patent.
5, prior art defense
The alleged infringer and evidence to prove that the implementation of the technology or design belongs to the patent application has been disclosed before the date of prior art or design, does not constitute infringement of patent rights.
6, prior right defense
in the patent application date has been manufacturing the same product, using the same method or have made the necessary preparations for the manufacture, use, and only in the original scope of the continuation of manufacture, use, does not constitute patent infringement.
7, contract license defense
The use of patented technology has been licensed by the patentee.
8, the statute of limitations defense
The behavior constitutes infringement, but the patentee sued after the statute of limitations.
9, legal source defense
For the purpose of production and management of the use or sale of patented products that are not known to have been manufactured and sold without the permission of the patentee, or the products directly obtained in accordance with the patented method, and can prove that the products are of legal origin, does not bear the liability.
Legal basis:
"Chinese People's Republic of China Patent Law"
Article 11: After the patent right for invention and utility model has been granted, except as otherwise provided for in this Law, no unit or individual shall, without the permission of the patent owner, carry out the patent, i.e., shall not make, use, or import its patented products for the purpose of production and business, licensed to sell, sell or import for the purpose of production and business, or to use its patented method, as well as to use, license to sell, sell or import the products directly obtained in accordance with the patented method.
After a patent for a design has been granted, no unit or individual may, without the permission of the patentee, implement the patent, i.e., may not manufacture, license to sell, sell or import the patented product of the design for the purpose of production and business
Article 75 A patent shall not be deemed to have been infringed if any of the following circumstances exists:
(1) The patented product, or the product obtained directly by the patentee in accordance with the patented method, is used by the patentee for the production and business purposes. (a) The patented product or the product directly obtained in accordance with the patented method is used, promised for sale, sold or imported after being sold by the patentee or by a unit or individual licensed by the patentee;
(b) The same product has already been manufactured or the same method has been used or the necessary preparations for its manufacture or use have been made before the date of the patent application, and it continues to be manufactured or used only in its original scope;
(c) Temporary passage through the territory, territorial waters and airspace of China is not considered as infringement of the patent right. (c) The use of patents in the devices and equipment of foreign means of transportation temporarily passing through China's land, water and airspace, in accordance with the agreements signed between the countries to which they belong and China or the international treaties to which they are parties, or in accordance with the principle of reciprocity, for the needs of the means of transportation itself;
(d) The use of patents exclusively for the purpose of scientific research and experiments;
(e) The manufacture, use or import of patented medicines for the purpose of providing the information required for administrative examination and approval.