What are the grounds for design defense?

In real life, we will encounter the problem of what are the grounds for design defense. Then many people will want to know the relevant content of this issue and what kind of legal knowledge it contains. In fact, this problem is not complicated. As long as you read the relevant content of the following article carefully, I hope your problem can be solved easily. Today, the editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the grounds for design defense

1. Patent invalidity defense

Patent invalidity defense is a commonly used defense measure in patent infringement cases. For many cases, including invention patent infringement In a case, if the defendant's reasons and evidence for claiming that the plaintiff's patent rights are invalid are likely to be established, the court that accepts the case will generally terminate the trial and wait for the outcome of the patent invalidation case. The most critical factor in patent invalidity defense is evidence. It needs to prove that the patented technical solution or appearance has been publicly published or publicly used before the filing date. Generally, the evidence should be based on publicly published evidence, and the public publication can be a regular public publication. , such as books, journals, newspapers, etc., or it can be informal public publications, such as technical manuals, data manuals, etc., but no matter what kind of publication, it must have a clear publication time, otherwise it will have no certification effect. The advertising color pages in the first case of this serial case were actually printed and placed by the plaintiff before the patent application date, but because there was no printing and distribution time, it could not be determined. The technical content that has been disclosed, whether legal or not, can generally destroy the novelty and creativity of the patent. Technical secrets that are illegally disclosed are also disclosed technologies under the patent law.

2. When asserting the defense of non-infringement

Don't waste precious court time. You have reasons to make claims. If there is no reason, don't blindly emphasize your own claims. Judges who hear patent infringement cases are generally experts in this field. Experts, there is no need to reiterate. Repeated emphasis will not only cause resentment to the judges hearing the case, but also waste their precious time. Especially in design patent cases, everyone can tell at a glance whether they are identical or similar. Therefore, when this reason is difficult to establish, you should focus on other uses that are beneficial to you.

3. About free and publicly known technologies Defense

There are two bases for the defense of free and publicly known technology , one is freedom, that is, technology that does not have anyone’s rights, and the second is technology that has been made public. From the perspective of patent law, disclosed technology that does not have the patent rights of others can be regarded as freely known technology. Therefore, the evidence of the main site's free and well-known technology can be invalid patent documents, foreign patent documents that do not have patent rights in China, academic papers that have been published in books and magazines, etc. It can also be technical content that is directly available from products that are already on public sale. However, those who advocate free and publicly known technology must not use other people’s valid patent documents. The freely known technology claimed must be exactly the same as the product accused of infringement. Whether it is the same as the patented technology will not be considered. At the same time, the defense for claiming freely known technology must only use one technical solution. The technical solution formed by the combination cannot become a deemed freely known technology. basis.

4. Regarding the defense of prior use

In fact, the requirements for the defense of right of prior use are relatively more stringent. The right of prior use first requires the defendant to prove that it has made the necessary preparations to produce and sell patented products. This preparation is generally required by the defendant. It is difficult for a party to have a high degree of credibility for its unilateral preparatory actions. In the above-mentioned series of cases, the court did not recognize the right of prior use on the grounds that the mold development contract did not have product models and specifications. In fact, there were models and specifications. Since the parties to the contract had The defendant has powerful connections, and it is difficult to determine the authenticity of the contract without third-party certification. Therefore, it is recommended that companies need to disclose the structure, appearance and other technical data of the product in a certain way when preparing to produce a certain product. Or take notarial measures to retain evidence that you have started preparing for production and sales. Of course, the best way is to apply for a patent.

If you encounter such problems, please read the above content carefully. Then I hope that the answers provided by the editor of the Legal Savior Network above can solve your problems. If Your situation is more complicated. The Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.