The System For Settling Disputes On Patent Invalidation And Infringement

The aims of the patent invalidation declaration and the roles of the parts and theexamination organization are firstly studied in this paper, and then the relationshipbetween patent invalidation and infringement dispute is discussed and the point of viewis concluded that validity of a patent is the precondition of infringement, settling ofdisputes on patent invalidation and infringement relates to technology and probably tothe same facts. It is thought to be important for patent protection that the procedures ofpatent invalidation declaration and the infringement find the same facts and differentcourts make consistent judgments. It is also significant for patent protection to preciselyunderstand the technology of patent infringement cases.According to the relationship between patent invalidation declaration andinfringement disputes, the main problems of current systems of China concerning theroles of the parts and the examination organization of invalidation declaration procedure,the judicial review procedure and inconsistency of patent invalidation and infringementlitigation procedures are point out and the corresponding systems and development ofGermany, the U.S. and Japan are studied. It is thought the conclusions for the problemsof China are constituting a patent court or the patent reexamination board asquasi-judicial unit to deal with patent invalidation declaration specially, setting up anunified appeal courts for patent invalidation declaration and infringement disputes.