The System For Settling Disputes On Patent Invalidation And Inforingement

Invalid patent disputes,including patent invalidation, patent litigation and caused an invalid patent is invalid patent infringement litigation proceedings. This paper discusses the dispute resolution mechanism patent is invalid not only refers to an invalid patent litigation. Invalidation, the person requesting invalidation means that the country has been granted a patent the patent administration department does not meet the provisions of the Patent Law, request the Patent Reexamination Board to declare the patent right invalid; patent invalid litigation, is against the Patent Reexamination Board made to review the decision of the request for invalidation of an action; patent infringement litigation, the patentee is brought to the court the accused infringer's civil patent infringement (of this paper is the presence of cross patent invalid patent litigation infringement proceedings).Our patent is invalid based on the current dispute settlement mechanism on the provisions of the patent is invalid be characterized as administrative litigation proceedings, patent infringement cases and patent invalid cases belong to the jurisdiction of different courts, which led to many problems. The occurrence of action such as recycling, tired of the Patent Reexamination Board of action, the court ruling is not uniform and so on. The crux of the problem is caused by the patent is invalid for a case and judicial power and the nature of the relationship between the executive power. Amended in 2008, "Patent Law" is still not resolved the issue and make clear legal provisions, I believe that patent invalid on the issue of dispute resolution still need to explore.The author by the clear view of the problem:First, the patent invalidation decision is an administrative decision, it should be subject to judicial conduct qualitative. Second, the patent is invalid, it is civil litigation, in the quasi-judicial review of administrative agencies to implement civil action after the two-trial system. Third, the patent is invalid Settlement Mechanism should be divided into real mode and the rational model, the reform should be gradual and eventual establishment of a patent court. Fourth, litigation dispute resolution mechanism to resolve disputes in the patent is invalid should be taken seriously. This article is divided into four parts. The first part is an overview of the patent is invalid dispute settlement mechanism. And introduces the concept of the patent is invalid and disputes related to the scope of the article to be defined. Sorted out on the basis of the concept of a detailed study of the patent is invalid dispute resolution mechanism set theory. Philosophy and economics major from two angles to be examined. Introduction to basic concepts and theoretical study based on the patent is invalid for the following dispute settling mech The second part introduces the dispute settlement mechanism patent is invalid and its problems. Including China's current dispute settlement mechanism of the patent is invalid and legislative provisions to adjust the marks. China's current laws led to many problems, mainly:invalid patent litigation dispute into a loop cycle; embarrassment to the legal status of the Patent Reexamination Board;patent invalid litigation and cross-cutting issues such as tort litigation. The dispute resolution section of the patent is invalid the problems in a comprehensive sort, in order to make the fourth part of the targeted responses.The third part of the investigation part of the extraterritorial system. I mainly representative of the three selected countries, German civil law and common law on the United States. China is a civil law countries, Germany and Japan have advanced legislation on our great inspiration. U.S. corporations are the common law system, but the intellectual property system was developed.The fourth part of the measures are part of the article. According to the analysis of the preceding three parts, in view of existing problems, propose appropriate countermeasures. The author from the reclassification of related concepts, elaborates the patent is invalid the basic principles of dispute settlement mechanisms, and the construction of the system is divided into respect for reality and the fundamental mode of the model. But also from non-litigious way to resolve the patent invalid in China discussed ways to resolve disputes, but also the innovation of this article.