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Comparative Research On The U.S. And PRC Patent Invalidation System

Posted on:2012-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:X X LiuFull Text:PDF
GTID:2166330335457851Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Patent Invalidation System is a legal procedure where the validity of an issued patent that has been granted by the State is re-examined by the state authorities when it is challenged. Today, under the circumstances of the proliferation of patents in question, the Patent Invalidation System is attracting widespread attention, however, the relevant comparative studies appear almost blank. This paper choose to conduct a comparative research on the Patent Invalidation System between the PRC and the United States, a country that owns top amount of patent applications as well as effective patent in the world.In this paper, by taking historical analysis, logical analysis, comparative analysis and empirical research methods, a comparative analysis has been made on the differences in terms of the system design between the two countries. Meanwhile, based on the analysis on the pros and cons of the American mode, this paper tries to find out the reason behind the differences so as to provide some feasible recommendations to promote the development of the patent system in China.Chapter I: "Basic Theory of the Patent Invalidation System" defines the concept of the patent invalidation system, describes the characteristics of the patent invalidation system by analyzing the logical relationship among patent, patent licensing and patent invalidation, then an analysis is made on the reason raising the patentability disputes and the function of legal value of the system.Chapter II: "Evaluation on the U.S. Patent Invalidation System", in reviewing the historical development of the U.S. Patent Law and patent court, analyzes the pros and cons of two ways of invalidating patent in U.S. (Re-examination and Patent Litigation), and further discusses the recent U.S. Patent Reform prospects, thereby revealing the characteristics and development trend, providing references for China's patent invalidation reform.Chapter III: "Analysis of Patent Invalidation System in China" consists of two parts: Invalidity Declaration Process and Patent Administrative Litigation. By taking comparative analysis approach, this chapter compares the administrative and judicial procedures of the patent invalidation between United States and China, and then reaches the conclusion on the characteristics and development trend of the patent is invalidation system in China.Chapter IV: "Analysis and Recommendations on Improving the Patent Invalidation System in China" first points out the problems and reasons thereof existing in the current system in China, and then by referring to the U.S. experience and current situation in China, raises the recommendations on China's Patent Invalidation System both in the respective of short term and long term.
Keywords/Search Tags:Patent Invalidation, Declaration of Patent Invalidation, Patent Litigation, Patent Re-examination
PDF Full Text Request
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