2. In a patent infringement lawsuit, if the accused infringer argues that the patent does not meet the conditions for patent authorization and should be declared invalid, his request for invalidation shall be submitted to the Patent Reexamination Board.
3. If the accused infringer defends against the patentee's malicious acquisition and abuse of the patent right, it shall provide corresponding evidence.
4. Malicious acquisition of a patent right refers to an invention-creation that is knowingly not protected by a patent, which is deliberately obtained by circumventing the law or by improper means, with the purpose of obtaining illegitimate interests or preventing others from legally implementing it.
5. Compared with all the technical features recorded in the claims, the technical features of the technical scheme accused of infringement lack those recorded in one or more claims, which does not constitute patent infringement.