| The patent infringement litigation and the patent invalidation are both important contents of the patent system.There is close relationship between each other.But in accordance with the Patent Law of People's Republic of China , the patent infringement litigation is adjudged by the people's courts and the request of invalidation of a patent is examined by the Patent Reexamination Board.This makes the patent infringement litigation often have to be suspended for long time because of the patent invalidation procedure and the patent rights often can't be protected in time. The patent law can't be executed efficiently and just.In this dissertation,the patent infringement litigation , the patent invalidation and the problem they bring are systemically analyzed.Then on the basic of the previous studies,the author try his best to put forward feasible proposals in comparative study and argumentation method to settle the above problems.In the first part of the dissertation, a description on the definition and features of the patent,patent rights and the patent system are briefly presented.In the second part, the provisions of laws and the practice about the patent infringement litigation and the patent invalidation is introduced.First,the provisions of laws about the patent infringement litigation and the patent invalidation is illuminated.Second,the relationship between the patent infringement litigation and the patent invalidation procedure and the suspendion of the patent infringement litigation is presented.Third,the problems arising from the collision of current patent infringement litigation and the patent invalidation is described.In the third part,the proposals how to resolve the above problems is put forward in comparative study and argumentation method. That is to integrate the patent infringement litigation and the patent invalidation procedure.In the last part of the dissertation,how to resolve the difficulty of the proposals is discussed. |
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