CNIPA Replied to Whether the Patent Evaluation Report
Provided by Petitioner Can be Directly Used as the Evidence of the
Existing Design Defence in Patent Infringement Case
国家知识产权局关于专利侵权纠纷案件中可否直接将请求人提供的专利权评价报告作为现有设计抗辩证据的批复
Date: 2022-03-02
The CNIPA stated in its
reply to Zhejiang Provincial Intellectual Property Office that as
provided in Article 67 of the Patent Law of the People's
Republic of China, "In patent infringement disputes, if the
accused infringer can prove that the technology or design
implemented by the petitioner belongs to the prior art or design,
its act will not be deemed as infringement. It is also provided
that the accused infringer is the subject of the existing design
defense right, and if the accused infringer does not bring forward
the defense claim, the patent management department shall not take
the initiative to handle the existing design defense. The
petitioner is not the subject of providing the existing design
evidence, and thus the
