2. If the accused infringer brings a non-infringement lawsuit to the court, such as providing a defense of existing technology, the case can be characterized as non-infringement;
The prior art defense means that all the technical features accused of falling into the scope of patent protection are the same as or equivalent to the corresponding technical features in the existing technical scheme, or that ordinary technicians in the technical field think that the alleged infringing technical scheme is a simple combination of the existing technology and the common knowledge in the field, so it should be considered that the technology implemented by the accused infringer belongs to the existing technology, and the behavior of the accused infringer does not constitute patent infringement. Existing technology refers to the technology known to the public at home and abroad before the patent application date. For the patent right applied for and authorized according to the provisions of the Patent Law before the implementation of the revised Patent Law of 20 16, the existing technology is determined according to the provisions of the original Patent Law.
The accused infringer filed a patent invalidation request with the Patent Reexamination Board. If the invalidation is declared successful, the patent right shall be regarded as nonexistent from the beginning. If both parties refuse to accept the decision of the Patent Reexamination Board, they may bring an administrative lawsuit.
4. The alleged infringer has evidence to prove that he has the right of first use. The right of prior use, also known as the right of prior use, means that if the same product or method has been manufactured before the patent application date, or the necessary preparations have been made for its manufacture and use, and it continues to be manufactured and used within the original scope, the actor enjoys the legal right to exploit the patented product or method. The prior right of use can be found in Article 63 of China's Patent Law. Article 63 of China's Patent Law stipulates that any of the following circumstances shall not be regarded as patent infringement.
If the suspect of infringement reconciles with the patentee, it is possible to get permission.