Studying On Litigation Of Patent Invalidation

With the economic development and globalization, the protection of intellectual property rights has been paid increasingly much consideration in china. As a part of intellectual property rights, patent right plays an important role in the promotion of the society development. Whether the system of patent is reasonable and effective has a great effect on the ability of innovation. Our country has established a whole patent system by a series of enactments and judicial interpretations. As an important component of patent system, litigation of patent invalidation has many problems in the judicial practice, which restricts the effect of patent system. It is necessary to reform the present system of litigation of patent invalidation.The article, commencing with two cases, has an analysis on the statute about patent system which has some problems. Then the paper provides some suggestions about the reformation about litigation of patent invalidation system, basing on foreign enactments and present research.The article divides into three parts. The first part gives an introduction about the situations of patent invalidation system including the history and development of patent invalidation litigation. Except that, there is also have a description on how the system is used in the judicial practice by two cases. The second part has an analysis and expatiation about the shortage of the system including circular action, improper litigants, lack of the link between patent infringement and patent invalidation litigation, the court having no power to decide the patent validity directly. The third part pays a comparative analysis after an introduction about foreign relevant systems of different countries. At last, the paper provides some suggestions as follows: granting court the power to make a decision about the validity of patent directly, taking a civil procedural mode in the patent invalidation litigation, patent invalidity can demur to the claims of patent infringement in the lawsuit, establishing patent court and court of appeals about intellectual property, reducing the grades of judgment.