Study On Some Problems About Invalidation Of Patent Right

This paper gives a summary of the system of invalidation of patent right, in particularly of its development and status. The problems arised in invalidation announcements and invalidation litigations are also analyzed and studied. The emphases are put on the problems related to the system of invalidation of patent right, such as proposals to the present system, the principle of examination upon request, the principle of conducting examinations ex officio and the problems of evidences. In addition, the paper also analyzes the influences to the current system of invalidation of patent right induced by the third amendments to the Chinese Patent Law, including the influences to the invalidation of patent right induced by "Absolute Novelty Standard", the changed reasons of the invalidation of patent right induced by the increased articles and the problems about prior art deraignment.