Research On Invalidation Of Patent System Of China

Patent system is a very important part of the intellectual property law in our country. With the development of the patent system, the question of invalidation of patent is a problem which people want to settle. The intent of creating patent system is to portect the actual right owner, promote the development of the science technology and economics. But the practice proved that we maybe vest in the unactual right owner the power to own a patent, or grant patent right mistakly to an item which should not be granted, Which can prevent the development of the patent system, science technology and economics. So it is very important to study the system of invalidation of patent right, which can advance the development of the patent system, science technology and economics.Invalidation of patents of our country is that if a granted patent inconsistent with the "People's Republic of China Patent Law" , Patent Reexamination Board shall invlid the patent through administrative review process based on the requst of the relevant units or individuals . the system of invalidation was provided when Patent Law enacted in 1984, before amended patent law in 2000, Revocation system and invalidation system exist simultaneously, this resulted in duplication of procedures, in order to further optimize and improve the patent invalidation system, removed the revocation process when amended patent law second time, leaving only the invalidation of the patent process. This is a improvement in patented system.About the people who can initiate invalidation process, in some countrys, Stakeholders only can be , in China's Patent Law, any person can be declared an invalid request, but the person making the request must have the qualifications of Civil Procedure. The reasons for invalidation only be prescribed by law and can only be the substantial reason, but not be the procedural reasons. Only Patent Reexamination Board can review and collegial form of review and the parties can request an oral hearing process. review decision of the invalidation of patents include all declared invalid patents, declared invalid in part, maintain the patent. if someone against the decision of the review ,they can apeal prosecution's request at the date of receipt of the notification 3 months to prosecute the Beijing Municipal First Intermediate People's Court, the other party shall take part in the proceedings as a third person.In the whole, write the paper according to the sequence of the procedure of invalidation of patent. At the same time, analyse the lating questions at each part. On the writing method, use the method of directly description of patent invalidation about our country, and in some detail comparison with abroad relvent patent system so as to arrive at my own opinion.In the first part Invalidation of our patent system and the start of the function, discuss the conception of invalidation of patent, then, discuss characteristics of invalidation of patent. Analyse the background and the purpose of creating the system of invalidation of patent, discuss several questions which related to the beginning procedure of the invalidation of patent, such as the scope of applicant, the forms of the application, the reasons of the application. then comparatively analyse some detail questions to arrive at reasonable conclusion. In the second part, analyse the reviewing of application of the in validation of patent, Including the form of review and collegial review of invalidation of patent, the ways of reviewing invalidation of patent. In the third part discuss in detail the effectiveness of invalidation of patent, including social effect and retroactive effect. In this chapter also discuss suspension, recovery and termination of invalidation of patent. the conclusion of the thesis summarize the full text and propose opinions. the subject of Invalidation is the general subject ,after requestion the process , change of the nature of the subject that have already been made on the request for invalidation does not have an impact on invalitation; people can request for invalidation of patents at any time after, but this requirements is not conducive to economic development from the perspective of practice, social stability, must proposed for a time, to restrain the person making the request for invalidation; Patent Reexamination Board declared null and void as the only authority makes too many admissibility of the request of the State Intellectual Property Office backlog, the proposed legislation in the future will be a court, arbitral institutions as organs of the admissibility of invalidation; decide to review the invalidation of the prosecution, the Patent Reexamination Board of the prosecution should not seen as purely administrative proceedings, it should be the basis of civil rather than the provisions of administrative proceedings to resolve disputes patent invalid; proposed the formation of a unified patent court, to make accurate judgments to "three of" the patent in the case for the invalidation of the patent. Inconclusion,the intent of this paper is to perfect and develop the system of invalidation of patent right,perfect and develop the patent system,and develop the science, technology and economics.