Empirical Study on Legal Sources Defense of Patent Infringement—Based on the Examination of 63 Practical Cases
In patent infringement litigation,the legal source defense is often used as an important legal reason for the seller to avoid the liability for infringement compensation,but it is not always supported by the court in judicial practice.Through the empirical analysis of 63 relevant cases,it is found that the court has accumulated certain experience in such cases,but there are still problems such as different standards for determining evidence and unclear distribution of burden of proof.In view of the problems existing in the application of legal source defense,the following aspects can be improved:different subjects should be assigned different burden of proof,the requirements for their evidence should be different,and the balance of the judicial efficiency and litigation rights of the parties should be guaranteed in the process of adding a third party,so as to provide a reference direction for future legal practice.
patent infringementlegal source defenseburden of proof
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