Study Of China's Patent Invalid Litigation System

The patent invalid litigation is an administrative action simply that against the State Intellectual Property Office's decision or declaration of the patent reexamination board. There are many issues in debate around the patent administrative litigation, since the patent law lines with the TRIPS agreement that the Court has rights of review and final adjudication to the patent reexamination board's decision. Particularly in recent years, China's patent invalid administrative litigation cases have increased sharply, but the existing related laws such as the administrative litigation law and the patent law are somewhat lack of operability that resulting in many problems of the patent invalid litigation, including the patent reexamination board's defendant role; loop suit and so on. It not only causes enormous waste of judicial resources, but the legitimate interests of patent holders don't be protected effectively; the infringer can not get timely punishment; it is contrary to the intention of the system establishment and not conducive to the construction of the rule of law.The patent invalid litigation system in the major developed countries is relatively mature, such as: the U.S. pure civil litigation model; the German Patent Court; Japan's quasi-judicial administrative litigation model, and the sound patent system is established within a short time in china, but reform efforts is not enough in the patent invalid litigation system, there are many inherent problems and a variety of different perspectives. The draft amendments to the patent law adopted by NPC Standing Committee are not involved in the problem finally in 2008, the reason is too much controversy. It requires more in-depth study and discussion to the patent invalid litigation system.This paper uses the patent invalid litigation reform as an opportunity and methods including standard analysis, case study, comparative study. First, it focuses on comprehensive analysis of the patent invalid litigation system by starting from the development process. Second, it clears various representative issues of the existing patent invalid litigation system by introducing a typical case: loop suit; the patent reexamination board's defendant role and the division within the Court, it causes high attention of the relevant departments and promotes reform on the patent legal system. Third, it studies comparatively the patent invalid litigation system of the major developed countries such as the U.S.; Germany; Japan, and theoretically analyzes the reform ideas of our current patent invalid litigation system, it learns from their advanced experience, and proposes a more reasonable advice of reality and ideal model-Litigant and Specialized Intellectual Property Court, then improves China's patent litigation system perfect and better development.