On the Application of the Principle of Good Faith in the Determination of Patent Infringement

The utility model patent infringement dispute case of Jiangsu Luchen Environmental Protection Technology Co., Ltd. Jiangsu Shichuang Environmental Protection Technology Development Co., Ltd. proposed that between the patent filing date and the authorized announcement date, if the patent law and judicial interpretation were not clearly stipulated, how should a technical solution be protected and whether the unauthorized use of it constitutes a problem of infringement? The court applies the principle of good faith and believes that it constitutes infringement. It also involves the border of the application of the "Anti-Unfair Competition Law" and the "Patent Law", the link between trade secret protection and patent protection. This paper proposes that the patent protection should be strengthened, supplement the "Anti-Unfair Competition Law" properly, at the same time, make reasonable determinations on the corresponding security measures in the protection of commercial secrets.