Study On The Improvement Of The Patent Litigation System In The People's Republic Of China

With breathless economic expansion and the advance of reform and opening up, and the access to WTO, the number of patent applications and patent litigation is increasing for the people's growing awareness of innovation and rights. Although the Patent Law of the People's Republic of China has been amended for the third time in 2008 and some new systems have been introduced to it, there are still some defects in the patent system, especially in the patent lawsuit.At present the research papers on the patent litigation are about the principle of equivalence and the principle of file wrapper estoppel, which are the problems about the patent infringement litigation, however, there are scarce papers on other problem of patent litigation. Through comprehensively analyzing patent litigation from the point of view of patent lawyer and introducing the patent litigation systems of USA, Germany ,Japan and United Kingdom whose patent litigation system is relatively perfect, this article points out the defects in patent litigation system of China, then discusses some of essential contributions and proposes advisable solutions.