China's Patent Is Invalid The Judicial Review System Discussed

This article begins with the content of patent invalidation judicial review system, and analyzes the jurisdiction of the court, the bilateral litigants, jurisdictional competence, and the evidence rules of the patent invalid judicature examination。 At the same time carries on the discussion of the questions, which involve the contents, finally draws the conclusion. In the writing method, the author mainly uses the comparative law method, analyzes the questions specifically in view of certain aspect, which under the administrative proceedings pattern produces, unifies the overseas correlation stipulations and the related theories, and summarizes the viewpoint of the thesis.The first part of this article gives a brief introduction to the patent invalidation judicial review. First defines the conception of the patent invalidation judicial review. Next has analyzed the object of patent invalidation judicial review. The object of patent invalidation judicial review is the patent invalidation verdict. Therefore, must carry on the discussion of the conception, the nature and so on about the patent invalid verdict. Analyzes the characteristic of patent invalidation judicial review。 The characteristic of administrative verdict has decided the patent invalidation judicial review.The second part elaborates the questions of the patent invalidation judicial review system under the administrative proceedings pattern. mainly analyzes the question about jurisdiction of the court, discusses that it will be chaotic if the patent board of review is treated as the defendant, which does not favor it for completing the official duty work; then argues that other formidable sponsors' rights and interests cannot obtain the judicial protection; Moreover the author tries to discuss the question that the chaos of jurisdictional competence the which cause the circulation of lawsuit...