Research On Invalidation Of Patent System Of China

With competition between enterprises,the core competition of high-end technology is reflected on the control of high-end technology, including patent technology is important. In practice, the patent is invalid after being authorized not only to influence other competitors but also to hinder the development of social economy. Therefore, how to construct effective patent invalidation procedures will become increasingly concerned .Currently, China's patent invalidation procedures have flaws not only in theory but also in supporting procedures of cohesion some problems related to the rights so interests of the parties can not be guaranteed.The article from the basic problem of patent invalidation reveals the Trips agreement stipulated in the intellectual property for private right, and analyses the reason with proprietary property right of nature. It shows the external power and becomes the patent invalidation procedure cannot be ignored theoretically. Secondly it elaborates the invalidation of the patent characteristics and functions. Finally, it analyzes flaws from theory in patent invalidation procedures.Based on the patent invalidation procedures and patent infringement of patents, the second part of the article firstly expounds the development process of patent invalidation procedures and reveals its purpose in the invalidation of the patent, and its function in procedures of patent infringement. Then the thesis summarizes relevant patent invalidation of several theories, and one for the invalidation of the patent fact procedure of civil counterpoising truly. Thirdly, from the patent litigation principle, of invalidation procedures connect with the patent infringement, emphatically it analyzes the patent infringement of invalidation procedures for patent filed lawsuit caused by suspending caused many problems. Finally, this paper discusses how to effectively invalidation procedures and cohesive patents for patent infringement in order to play their due role.Part Three starts with the development process of patent right invalid procedure. It analyses the existing position of Patent Reexamination Board in practice, interior collocation of court, circuitry of action and conciliatory predicament in patent right invalid procedure considering the purpose of the procedure and the principles of which and states how to join patent right invalid procedure and declaration of the patent right invalid effectively.On the basis of typical analysis action in terms of declaration of the patent right invalid of Japan, Germany and America, Part Four examine some opinions given when the patent law was altered and analyses misunderstanding of construction of reality mode which is popular with the academic world at present. Lastly, it gives suggestions on construction of declaration of the patent right invalid and patent infringement lawsuit and the whole procedure of patent right invalid lawsuit and analyses how to perfect declaration of the patent right invalid in our country successively.