Research On Presumption Of Validity Of Patent Rights

The definition of patent rights is one of the core issues of patent law.It spans the fields of administrative law,procedural law,evidence law and patent substantive law.It involves basic evidence science theory such as proof methods,burdens of proof and standards of proof.In the judicial practice of China's patent law,problems such as difficulty in proof,long cycle of procedures,and loop litigation are the key obstacles affecting the effectiveness of patent protection.The patent authorization system is designed to give clear and appropriate boundaries of property rights for technological achievements.On the one hand,it embodies the creative work of innovators to stimulate innovation,and on the other hand,it guarantees sufficient technology disclosure to promote information dissemination.The patent rights of each country are obtained through the registration or review authorization of the administrative agency,and thus are private rights with relatively strong public power attributes.The public power attribute has a certain national will because it has a certain national will.At the same time,although the examination and authorization of the administrative body has strong professionalism,it is subject to its information acquisition restrictions and other subjective and objective reasons,and it will generate wrong rights,so the patent The right is a presumed effective right,and this right is refutable.The presumption rule of patent validity is an important system design for the definition of property rights of patent rights.It requires a large amount of factual evidence to prove the existence and scope of patent rights.The patent right certification process involves a large number of facts and legal application issues.Therefore,it is of great theoretical significance to link the presumption rule of patent validity with the subject of proof,the burden of proof,the method of proof and the standard of proof in the evidence law.In particular,at the time when the Supreme People's Court drafted the "Judicial Interpretation of Patent Authorization Confirmation"to solicit opinions from the society,the study of this issue is of urgency in responding to the practical problems of difficulty in proofing patents and difficulties in judicial recognition.This paper takes this thinking approach as a starting point,and how the patent right in the patent law is determined by a series of procedures and substantive requirements,and is transformed into the patent right of the action that the right holder can exercise.The concept,the significance of law and philosophy,and the historical development of presumption of validity of patent were investigated.The dilemma faced by the current operation of patent authorization system in China was investigated and analyzed.The empirical analysis of the application of the presumption of validity rule in the judicial practice of patent right was emphasized.This paper systematically sorts out the application of the presumption of validity in the proof of patent validity,especially analyzes the legal effect of the application of the presumption of validity and the standard of proof,and compares and draws on the presumption of validity of patent rights in other countries.To explore the general legal rules to be followed in the administrative review and judicial review of patent rights,and to propose the construction framework of the presumption rules for the validity of patent rights in China,and to provide a theoretical reserve for the optimization and adjustment of the patent authorization system.The first chapter gives an overview of the presumption rules for the validity of patent rights.On the basis of combing the basic theory of the presumption rules for the validity of patent rights,it is an insight into the validity paradigm of the validity of patent rights in the process of patent authorization and the basic proof of the patent right.The core judgment is presumed,and the proof of patent validity includes two stages of fact presumption and legal presumption.Based on this,the basic concept of the presumption rule of patent validity is put forward,and its origin is briefly seen.The second chapter mainly studies the emergence and evolution of the presumption of validity of patent rights from the perspective of history.It focuses on the analysis of the traditional history of the validity of patents in the United States,which has gradually evolved into a dual-channel structure for the current administrative review procedures and effectiveness proceedings.Through the patent validity presumption and clear and convincing proof standards,the ingenious system design of the dual channel connection and judicial review mechanism makes the judicial review of the administrative review channels of patent confirmation,or the court-led patent effectiveness civil action.The procedures fully respect the administrative decision on patent validity made by the patent examination institution,which not only gives full play to the professional advantages of the patent administrative confirmation channel,which is convenient,efficient and low-cost,but also effectively checks and balances the patent confirmation right to ensure the judicial Justice has formed a system of patent authorization and confirmation systems with complementary administrative and judicial advantages and a sound structure.The third chapter carries out the legal philosophy review on the presumption of validity of patent,and analyzes the presumption of validity from the perspectives of epistemology,value theory and methodology.There are a large number of fact-finding behaviors in the proof of patent rights,and pursuing legal truth is a feasible path for proof of patent validity.Probability and probability theory are the methodological basis for the validity of a patent to be validated by a presumption method.Value rationality is the justification basis of the presumption rule of validity.The validity of patent right is presumed to protect patent property rights,promote the disclosure and dissemination of technical information,guarantee the stability and predictability of patent rights,the efficiency of patent authorization process and litigation convenience.The judicial and judicial rights have respected the administrative power and other policies and economic aspects have put forward its rule value.The fourth chapter conducts a comprehensive normative analysis of the presumption rules for the validity of patent rights.Firstly,it summarizes the general elements of patent validity verification from the perspective of evidence law,analyzes the core position of the abstract presumptive subject in the field of patent validity verification,and shows the general process of patent validity presumption.Secondly,it demonstrates the relationship between the presumption of patent validity and the burden of proof.It proposes that the legal effect of the presumption rule of applicable validity is the responsibility of transferring evidence,and the party challenging the validity of the patent always needs to bear the responsibility of the result of invalidation of the patent right or persuasion.Responsibility will not be transferred to the other party.The process of approving the presumption of patent ownership and inventor qualification,novelty,creativity,interpretation of claims,full disclosure,etc.Finally,the patenting authority review procedure and the injunction procedure in the infringement proceedings are not applicable to the presumption of patent validity presumption rules.The fifth chapter analyzes the relationship between the presumption of validity and the standard of proof and burden of proof.From the perspective of the evolution of the US patent judicial judgment system,it reviews the historical development of the judicial validity standard of patent validity,and the clear and convincing proof of the standard of the patent validity presumption in the US AIA reform process.Detailed analysis was carried out to explore the perspectives of the parties in the process of discussion and the understanding of the patent system and specific rules.The authors studied the final AIA reform and the Supreme Court jurisprudence to maintain the current standard of proof of the presumption of patent validity.And advocates,this is very important for the adjustment and improvement of the current patent authorization procedure in China and the construction of the IP Court of Appeal.The sixth chapter examines the status quo of the current patent authorization system and the presumption of validity in China,and sorts out the background of the formation of the system.Taking the judgment of the patent dispute case in January-February 2013 as a small sample data,the patent dispute is referred to the black box theory.The relief procedure is regarded as a black box.The statistics of the black box's litigation period,compensation,referee maintenance rate and appeal rate are displayed through data statistics,revealing that two-thirds of patent authorization claims administrative litigation cases are submitted for second instance.The appeal,and more than three-quarters of the cases,maintained the results of the first-instance judgment,indicating that two-thirds of the patent administrative cases went through a two-trial process.This may mean that the effectiveness of patent rights determines that there is a serious waste of judicial resources,and perhaps closer to the deep-seated reasons of the long-term trial cycle of society.And from the normative perspective,it analyzes the value concept of the patent authorization system and the function realization of the system design.After that,the paper analyzes the application status of the presumption method in the judicial practice of China's patent law,and sorts out the theoretical and practical issues of proposing the rule of patent validity.And then,puts forward the construction framework of the presumption rules of validity of patent rights in China.From the perspective of ought to be,it analyzes the necessity,feasibility and maturity of the establishment of the presumption rule of patent validity in China.On this basis,it puts forward the construction assumption of the presumption rule of patent validity.Firstly,it is proposed to further clarify the basic method of proving the validity of patent rights at the level of patent jurisprudence.The process of presumption of effectiveness includes the two processes of fact presumption and legal presumption.Furthermore,it is necessary to clarify the formal subject and subject of the presumption of the validity of patent rights.The right to decide whether or not to presume the facts of the case should be attributed to the factual referee.The formal subjects include patent examiners,review and invalid collegial groups,judges and other subjects.The source,its abstract body is essentially one skilled in the art.It is presumed that the subject has the right to actively apply the presumption of the facts of the case,and also to the decision of the parties to make a presumptive claim.Once again,it is necessary to clearly define the claim and rebuttal rights of the presumption of patent validity.The law should give the parties to the case the right to presume the validity of the application of the patent right.When the parties face difficulties in proof or difficulty in argumentation,they are allowed to use common sense and other claims.Presume the facts of the case to complete the argument for its claim.Finally,it proposes to amend the legislative norms of Articles 39 and 40 of the Patent Law to presume the validity of patent rights.At last,it has prospects for the applicable institutional environment.The main innovations of this paper are as follows:Firstly,based on the theory of proof of rights,the method of proving the patent right is the presumption of this core understanding.The presumption process is divided into two stages:factual presumption and legal.presumption.Secondly,it systematically analyzes the applicable process,applicable norms,applicable effects and applicable restrictions of the presumption rules for the validity of patent rights,and expounds the relationship between the presumption rules for the validity of patent rights and the corresponding certification elements such as certification burdens and certification standards.The systematic cognition of the presumption of patent validity.Thirdly,it puts forward the idea of constructing the presumption rule of patent rights in China,clearly presupposes the basic method of proof of patent validity,analyzes the abstract subject of the right to presume the validity of patent right as the technical personnel in the field,and reforms patents 39 and 40 as patents.The legislative norms of the presumption of power validity provide a basis for further clarifying the judicial review standards for administrative authorization of patent authorization.