1. If the accused infringer defends on the grounds that the patent right has expired, the patentee has abandoned it, or the effective legal document has been declared invalid, it shall provide corresponding evidence.
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.
(2) the defense of patent abuse
3. If the accused infringer defends against the patentee's malicious acquisition and abuse of the patent right, it shall provide corresponding evidence.
In patent infringement litigation, if the patent right is declared invalid, it should not be easily identified as abuse of the patent right.
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.
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