Prior art defence in patent litigation: A legal quagmire?

December 06, 2011 | BY

clpstaff &clp articles

The prior art defence strategy has become increasingly important and popular for alleged infringers in patent cases. However, its framework suffers from uncertainty and some technical defects

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Similar to some civil law countries, China implements a split system in which patent infringement is determined by the courts and an invalidity challenge is heard by the Patent Reexamination