2010Journal of Zhejiang Business Technology InstituteRequires access

On Defense to Invention or Utility Model Patent Infringement

LI Guo-qi

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Abstract

Patent infringement is one of the core contents of the patent law.This paper elaborates the 11 ways of allegations against the patent infringement:don't falling into the scope of the patent protection,existing technology,prior use right,no-fault,Exhaustion Doctrine,not for the business purposes,temporary non productive transit,scientific research,and to require the use of administrative examination and approval,the limitation of action.Where-after,the paper discusses how to avoid the misunderstanding and wrong practices.

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What this paper is about

Patent infringement is one of the core contents of the patent law.This paper elaborates the 11 ways of allegations against the patent infringement:don't falling into the scope of the patent protection,existing technology,prior use right,no-fault,Exhaustion Doctrine,not for the business purposes,temporary non productive transit,scientific research,and to require the use of administrative examination and approval,the limitation of action.Where-after,the paper discusses how to avoid the misunderstanding and wrong practices.

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Available abstract

Patent infringement is one of the core contents of the patent law.This paper elaborates the 11 ways of allegations against the patent infringement:don't falling into the scope of the patent protection,existing technology,prior use right,no-fault,Exhaustion Doctrine,not for the business purposes,temporary non productive transit,scientific research,and to require the use of administrative examination and approval,the limitation of action.Where-after,the paper discusses how to avoid the misunderstanding and wrong practices.

Key concepts: Patent infringement, Scope (computer science), Doctrine, Patent law, Law and economics, Action (physics), Business, Falling (accident)

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