Study On Patent Invalidation System In China

As patents are the most valued intellectual properties in science and technology, patent system plays great role in national intellectual property systems. By granting patents as awards to inventors, the patentee disclose the technology to the public, thus promote innovation.The patent system regulates strictly in granting patent to avoiding improperly grant a patent covers the knowledge in public domain. A patent could be invalidated if it not meets the requirement of patent law. Patent invalidation system is deemed as the consequent procedure after issue of a patent, or remedial procedure for the defects in patent issued. The improperly issued patent can be eliminated from patent monopoly by using patent invalidation system, thus the patent system only award innovation.The patent invalidation system involves different interests, including the patentee, the licensee, the infringer, the public, and so on. How to distribute rights and obligations among all those parties and keep a fine balance among those parties is a valuable issue worthy of discussing. If put more restrictions on the patentee, the patentee may choose not to disclose his innovation, and the patent system may lose its function in promoting innovation. If protect the patentee overtly, the public would be harmed.There are some defects in patent invalidation system of China and the patent system does not do well in promotion innovation. The thesis starts from the attributes of patent, analyzes the authorization property, the civil property, and the differences among differences kinds of IP rights. On studying the current practice in the patent invalidation system in China, the author points out some problems. The problems are those including conflicts between administrative power and judicial power, civil property disputes and administrative litigation procedure, and some disadvantages in the regulations about legal effects relate to the invalid patent.Based on the study in the analysis of different practice in China and other countries, the author suggests we should keep a fine balance in the invalidation system, considering all parties'interests. The invalidation system should be based on acknowledge of and stick to the principle of civil rights protection and suitable to the situation of the patent system of our country. On previous study, the author put up some suggestions in improving the patent invalidation system of our country.