Study Of Chinese Patent Administrative Litigation System

Patent system plays an important role in the industrialization realization process of all correlative countries. Now it has become a whole set of perfect system. It has accelerated the quick development of science technology and economy, and has accelerated the great progress of human society. The status of the patent administrative relative people is unequal to that of patent bureau in the patent checkup and protection process, the patent bureau is in the green tree and the patent administrative relative people are in the dry tree. The administrative power of the patent bureau must be supervised and restricted by another kind of power. To supervise and restrict the patent administrative power exertion of the patent bureau, corresponding systems are designed in the patent system of most countries in the world today. And in our country the patent administrative procedure system is a kind of system to supervise and restrict the exertion of the patent administrative power. Up to now , no papers have introduced the systematic theory analysis of the patent administrative procedure system.Considering the problems which patent administrative procedure of our country is facing to , the writer uses the overseas experience for reference and analyzes the theory and reality of the patent administrative procedure. In this paper material method has been made to improve and perfect the patent administrative procedure system of our country. There are five chapters in this paper:In the first chapter, the patent administrative procedure system is defined theoretically. First, the patent administrative procedure conception is defined , the patent administrative case kinds are classified reasonably and the character of patent administrative procedure is presented. Second, the writer expatiate the theory foundation of the patent administrative procedure system which include controlling the power of patent administrative organs, protecting the lawful rights and interests of citizens , resolving patent administrative dispute through introducing the theory foundation of the administrative procedure.In the second chapter, the writer expatiate experience and fact of the patent administrative procedure system. First, this paper reviews the legal history of the patent administrative procedure system in China. Second, owing to the importance of patent invalidation judicial review system , the writer analyze particularly an representative case concerning patent invalidation administrative procedure. At the same time , the writer point out the limitations on the court of judicial review system, the objection of judicial review system, the standard of judicial review system.In the third chapter, the writer analyze the legal regulation concerning the primary system of paten administrative procedure , then conclude and dissertate three main system which include the court of the judicial review system, the object of the judicial review system, and the standard of the judicial review system from the generic regulation to the specific regulation.In the fourth chapter, main patent administrative procedure system of Japan and German is introduced , as well as the patent judicature checkup of American. Thereafter, the writer analyze overseas experiences which pose us revelation on correlated system in our country. And it can be used for reference.In the fifth chapter, considering the problems, the writer brings forward the specific way to reform and perfect the primary patent administrative procedure system of our country from three aspects, such as the court of the judicial review system, the object of the judicial review system, and the standard of the judicial review system.