(1) filing a request for invalidation of a patent
The basis of the patentee's right to file a patent infringement lawsuit is the authorized patent he owns. According to the relevant provisions of the patent law, after the patent is granted, anyone can make a request for invalidation of the patent. If the patent involved is successfully invalidated, the patentee will lose the right base to file a patent infringement lawsuit, and the claim of patent infringement will not be established.
(2) Non-infringement defense
Non-infringement defense refers to the claim that the infringed technical scheme has not fallen into the scope of patent protection. The scope of patent protection is based on the claims. According to principle of universal coverage, the technical scheme that constitutes patent infringement includes all the technical features recorded in the claims.
(3) prior art defense
Article 62 of the Patent Law stipulates that "in a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement." According to the above provisions, if the accused infringer can provide evidence to prove that the accused technical scheme belongs to the existing technology, it does not constitute patent infringement. If you want to prove that the accused technical scheme belongs to the existing technology, you can provide the technical scheme disclosed before the patent application involved, such as public patents and public technical documents.
(4) Preemptive right defense
According to Article 69 of the Patent Law, "those who have manufactured the same product, used the same method or made necessary preparations for manufacture and use before the patent application date, and continue to manufacture and use it only within the original scope" are not regarded as infringement of the patent right.