Dissimilation And Correction About Patent Invalid Litigation System

The review form of Patent system can't guarantee for effective of authorized patent. Patent Invalid Litigation System can make up for defect of Setting about patent system. The social public have a right to make are quest to the patent re-examination board about patent invalid, and amend inappropriate authorized patents. However, The lack of patent Judicial confirmation mechanism, the limitation of court jurisdiction, the scope broad of the parties the conditions of inadaptability factors led to infinite "cycle" of patent invalid litigation procedure. The phenomenon of circulation litigation" caused tool of others malicious litigation at patent invalid litigation, and hindered the patent innovation. The article will go into details of patent Invalid Litigation System, and the content mainly includes the following six aspects:The first chapter, The basic theory analysis of Patent Invalid Litigation System. The patent system is a system about scientific scrutiny of patented invention, granted invention patent, public this patent and promote the technical exchange and transfer at the same time. Because the defects of patent re-examination forms, the Patent Office can't search all the existing technology or authorized patent. So the authorized patent maybe is invalid, or the accused infringer use patent invalid against patent infringement. In order to comprehensive understanding of patent invalidation system, This chapter emphatically was discussed from the historical development of patent invalidation system, patent invalid litigation and other types of the link between the patent litigation, patent invalidation system causes and the mechanism of action.The second chapter, The form analysis of dissimilation about patent invalid litigation system in China. The dissimilation phenomenon of patent invalidation system in running process. Patent litigation procedure is abused and intent to make others into action; The patent re-examination board is the only verification institutions of invalid patent disputes, the administrative verification is alienated for administrative litigation. The limited judicial review scope appear "circulation litigation", about patent invalid procedure. The dissimilation phenomenon has influence to original purpose of patent invalid litigation system in China. This chapter had defined the dissimilation phenomenon, analyzed the cause of dissimilation and discussed specific case.The third chapter, The causes of dissimilation about the patent invalid litigation system in China. The patent invalid litigation system has some dissimilation phenomenon of abuse of process, the administrative litigation tired and circulation lawsuit in the operation process of the patent invalid litigation system. In order that clarify dissimilation of the patent invalidation system, this chapter mainly studies causes of dissimilation about the patent invalidation system. The causes of dissimilation about the patent invalid litigation system has the body broad of patent invalid, the litigation period long, the motive concealment of lawsuit, A single about the Confirmation of Patent and the limited of judicial.The fourth chapter, The Correction dilemma of dissimilation about the patent invalid litigation system in China. At present, our country invalid patent litigation system isn't coordinated about the confirmation of patent, the parties litigation status and the conditions of litigation. In particular, the confirmation of patent of court is missing, the litigation status of the parties is dislocating. The litigation conditions are stiff. All these hindered the benign operation of patent invalid litigation system in our country. This chapter probes into the existing patent administration confirmation, patent judicial confirmation, the condition of patent litigation, the litigation status of the parties, and intended to explore the correction dilemma of dissimilation.The fifth chapter, the specific measures of foreign about prevent the dissimilation of patent invalid litigation system. Many Countries have set up Patent Invalid Litigation System according to the specific condition. The legislation in the patent system of America provides legal protection to the health of the patent development, and promote the rapid development of science and technology innovation. The patent litigation of Germany has got the favour of the other countries because its high quality case and invalid patent disputes be resolve in a timely manner. The Korean intellectual property office set up intellectual property rights court, and the trial ways of intellectual property court avoid to repeat patent invalid litigation. While the Chartered hall of Japan is judicial procedures in an application for patent is invalid, the Chartered hall needn't participate in the trial as the defendant. After reviewing the above patent invalid system of the countries, we maybe find the best way to reform for our country's patent invalid litigation.The sixth chapter, The correction countermeasures about dissimilation of the patent invalid litigation system in China. China will revise patent law, these problems will gradually put on the agenda about the patent invalid litigation system in the process of revision. This chapter will emphatically discuss to follow the principle of the patent invalid litigation system, at the same time puts forward to change mode of the patent invalid litigation system. The intellectual property court shall set up internal technical judges, optimize case-hearing level system. The court should confirm he patent invalid in patent infringement cases in order that reduce the invalid patent litigation cases. In addition, the reason of patent invalid has shortcomings and affects the invalid patent examination and judicial departments of the referee, So the author put forward to pay attention to the reason of substantial, and the applicant shouldn't argue the reason for invalid paten from form.