The Declaration Of The Patent Right Invalid System

All this passage unfolds in order according to the procedures of patent right invalid declaration. The purpose to set up the declaration of the patent right invalid system is to protect the real patent righter and the legal right of the general public, to correct the omissions and the mistake madden by the patent application department, to guarantee the quantity of the authorization of patent. In recent years, with the vast scale increasing of patent application, it is frequently to make the wrong guarantees. So the system of the patent right invalid declaration is more and more important. The regulations to'every unit or person'can be the subject who apply for the patent right invalid declaration is extensive but broadly. It is necessary to make scientific and proper definition to the application of the patent right invalid declaration. The patent right invalid declaration should be divided into the privies and the imprivise naturally.Patent reexamining committee is an internal institution, it accept the reexamining cases and the patent declaration invalid cases. With the increasing of the application, the patent reexamining committee has more and more tasks and the case has more than can be managed. In order to lighten the pressure and risen the work efficiency, it is necessary for us to utilize foreign country's work, to make sure the arbitrations agency can solve the controversy of the patent right.It is a hot spots in the law circle that when the parties decide to rise the lawsuit which is to be the justice relief of the patent right invalid declaration, it is a administration lawsuits or a civil matters lawsuits. The purpose of the parties to carry out the lawsuits is to solve the patent right controversy but not to confirm the validity of the administration action of the patent reexamining committee. So we define it as civil matters lawsuits, make the both parties involved as the parties at the relieve procedures, and the court can make the judgment of patent right invalid declaration directly. This has important meanings to help the patent reexamining committee to solve the problem of reacting to the lawsuit , the recycle lawsuit and so on.