Patent Is Invalid Declaration System Of Legal Research

Patent is a kind of exclusive right granted by the government to the inventor which allows the patent holder to occupy, utilize and dispose the patent freely. Today, as the growth of the knowledge economy and the economy globalization, intellectual property right, especially the patent right, has already become an important and key tool for enterprises to obtain profits and win competitions. It is also crucial to the promotion of technology and improvement of public welfare. Therefore, before a patent is granted, the government authority will review its patentability with accordance to the patent law and certain rules are established as remedy to the mistaken grant of patent, and one of the rules is patent invalid declaration rule.The patent invalid declaration rule is that any related company or third person, who disagree with the grant of the patent for certain legal reasons, has the right to apply for a patent review to the appeal board of the patent office since the grant date, and also bring a suit to the court if the decision of the appeal board of the patent office is not pervasive. This rule is a kind of continuation of the patent system and is always regarded as a remedy to the patent grant.In the process of patent invalid declaration, the following parties may be involved: patent holder, applicant, appeal board of the patent office and even the court. These parties have different legal positions. And the process may affect the private attribution of the patent and the public grant of the patent as well as the administrative right and the judicial right. Especially in China, the court only owns right to make confirmation judgment or law-violation judgment, and it is not allowed by law to change the decision of the appeal board which is a administrative organization. At the same time, the appeal board is allowed to make the same decision even if the decision has been remanded by the court. Under this circumstance, the lawsuit goes over and over without an end in theory.It is a meaningful topic to research on how to deal with this and balance the right among parties as well as guarantee the legitimate right of patent holders and related parties as well as improve the efficiency and justice of the proceedingsBased on the historical, theory analysis, and the practical and comparative research model, this paper will analyze research on China's patent invalid declaration rule and find out the defects in the practice of this rule. Some possible suggestion will be put forward finally.This paper is thus divided into five parts. The introduction part will generally introduce the research subject, research aim of this paper; the first part is to research on the patent invalid declaration rule through the vertical and horizontal vision.; the second part will introduce the patent invalid declaration rules in main foreign countries; the third part will focus on China's patent invalidity rule and the fourth part will put forward some possible suggestion to perfect the patent invalidity rule in China. And the last part will be a simple conclusion of this paper.