The Study On The Collegiate System Of Patent Invalidation Procedure In China

The collegiate system of patent invalidation procedure is a basic system,applied by Patent Reexamination Board when examining the invalidation cases in China.This system includes the applicable scope of cases,the composition,hearing,discussion,and decision of panel,the assessment and supervision to which the panel is subject.As a fundamental system,the regulations and the running status of the collegiate system both correlate with the justice and efficiency of the examination.Therefore,it is necessary to study and improve the collegiate system of patent invalidation procedure in China,explore the suitable running mode in current situation, so as to guarantee the realization of justice and efficiency.The research method of this paper is as follows:firstly,summarizes the current regulations and running status of the collegiate system of patent invalidation procedure in China and analyzes the existing problems;then, compares which with the collegiate system of patent invalidation procedure in other countries or regions and the collegiate system of judicial procedure in China respectively,searching for references;finally,makes suggestions on how to improve the collegiate system of patent invalidation procedure in China.This paper is divided into three parts:preface,main body and conclusion.The main body has three chapters.The preface introduces the background,objective and method of this study.The first chapter of the main body provides the general remarks and the analysis of the collegiate system of patent invalidation procedure in China.Firstly,it introduces the concept and history of the collegiate system of patent invalidation procedure in China.Then it summarizes the regulations and running status of the collegiate system of patent invalidation procedure in China from following aspects:the applicable scope of cases,the composition,hearing,discussion,and decision of panel, the assessment and supervision to which the panel is subject.Finally,it analyzes the existing problems in the same regards.The second chapter of the main body mainly deals with the comparative study of the collegiate system of patent invalidation procedure in China with other collegiate systems and the consequent implications.It introduces the running statue of the collegiate system of invalidation procedure in the Opposition Division and the Board of Appeal of the European Patent Office,the Appeals Department of the Japan Patent Office, the Intellectual Property Tribunal of the Korean Intellectual Property Office,and that of the collegiate system of judicial procedure in China, through which the possible reference meanings for China's collegiate system of patent invalidation procedure are explored.The third chapter of the main body is the suggestions on improving the collegiate system of patent invalidation procedure in China.On the basis of the former two chapters,this chapter puts forward suggestions on how to improve China's collegiate system of patent invalidation procedure from following aspects:the applicable scope of cases,the composition, hearing,discussion,and decision of panel,the assessment and supervision to which the panel is subject.The conclusion indicates that the collegiate system of China's patent invalidation procedure should be improved,both in line with the current situation of patent invalidation procedure in China,and drawing on the successful stories of other collegiate systems,in terms of the applicable scope of cases,the composition,hearing,discussion,and decision of panel, the assessment and supervision to which the panel is subject,so as to ensure the implementation of collegiate system in a real manner,to ensure the independent examination of the panel,and to truly realize their independent authority.