1, patent invalidation defense
Request the State Patent Reexamination Board to declare this patent invalid during the defense, and request the court to suspend the trial of this case at the same time. At present, the conditions for suspension of litigation are strictly grasped. In some cases, the defendant may be required to provide security for the suspension of proceedings.
2. Defense for non-production and commercial purposes
Article 1 1 of the Patent Law stipulates that, without the permission of the patentee, no one may manufacture, use, promise to sell, sell or import its patented products for production and business purposes, or use its patented method and use, promise to sell, sell or import products directly obtained according to the patented method. Therefore, the purpose of production and operation is a necessary condition for infringement of patent rights.
3. The principle of estoppel defense
The contents abandoned by the patent applicant or patentee in the process of patent application or in the process of maintaining the validity of the patent right may no longer be included in the scope of patent protection.
4. Defense of donation rules
For the technical scheme recorded by the patentee only in the specification but not in the patent claim, it is deemed that the patentee has donated the technical scheme to the society, and it is not allowed to claim that the donated content belongs to the scope of patent protection in patent infringement litigation.
5, the prior art defense
If the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design that has been made public before the patent application date, it does not constitute patent infringement.
6. Preemption defense
A person who has manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continues to manufacture and use it only within the original scope, does not constitute patent infringement.
7. Defense of contract permission
The use of patented technology has been approved by the patentee.
8, the statute of limitations defense
Although the act constitutes infringement, the patentee only sues after the limitation of action expires.
9. Legal source defense
For the purpose of production and business operation, those who use or sell products that are known to be patented or directly obtained by patented methods that are manufactured and sold without the permission of the patentee shall not be liable for compensation.
Legal basis:
patent law of the people's republic of china
Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes.
Article 75 Any of the following circumstances shall not be regarded as infringement of the patent right:
(1) The patentee or a unit or individual licensed by the patentee uses, promises to sell, sells or imports its patented products or products directly obtained by patented methods;
(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;
(3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity;
(four) the use of relevant patents for scientific research and experiments;
(5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.