Understanding and application of prior art defenses

In order to promote the professional construction of law firms and promote the exchange and integration among lawyers, on the afternoon of April 13, 2023, the theme of "Understanding and Application of Existing Technology Defense", hosted by the Patent Committee of Zhiheng Intellectual Property Center and delivered by lawyer Zhang Bowen, was successfully held in the large conference room of Zhiheng headquarters.

Lawyer Zhang Bowen first introduced the common coping ideas of the defendant in patent litigation. The prior art defense is one of the common coping ideas. In patent infringement litigation, the accused infringer provides evidence to prove that the technology implemented by it belongs to the prior art or existing design. Lawyer Zhang Bowen interpreted the patent law, judicial interpretation and local judicial documents, and combined his own experience to summarize the common problems in the defense of prior art, and answered them through detailed explanations of cases and rules.

Regarding the determination of prior art, the technical solution disclosed before the patent application date, or the patent document whose application date is before the patent application date, the publication date is on and after the patent application date, and the novelty is destroyed, both situations apply to the prior art defense. How to understand the phrase "known to the public" can be divided into three situations: publication disclosure, use disclosure, and other disclosures.

The establishment standard of the prior art defense lies in the similarity and insubstantial difference. If the difference belongs to the customary means, common sense or customary design that can be directly replaced, it can be judged that there is no substantial difference.

Then, lawyer Zhang Bowen explained the classic cases of prior art defense, and discussed and exchanged with the lawyers present on the issues related to classic cases and patent infringement litigation. During the warm and harmonious discussion, the Zhiheng exchange meeting was successfully concluded.

Ideas always collide with sparks in exchanges, and Zhiheng holds regular sharing sessions, aiming to create a professional learning atmosphere, promote exchanges and integration between lawyers, learn from each other, and improve together, reflecting Zhiheng's development concept of "empowering and symbiosis". In the future, Zhiheng will continue to promote professional construction, promote high-quality development through professional construction, and build a strong brand.

This issue shares the profile of lawyers

Zhang Bowen, lawyer

Zhiheng Law Firm

Patent Agent

Master of Laws, Shenzhen University

Bachelor of Engineering, Nanjing University of Aeronautics and Astronautics

Areas of expertise:

Focusing on patent business, including patent layout, patent invalidation oral examination, patent infringement litigation, patent search analysis, etc.