W.k.che The Improvement Of The System Of Patent Invalidation

Patent invalidation is an important part of China’s patent invalid system specific for the Patent Reexamination Board has granted a patent right under any unit, the individual of the patent invalid request after a review that does not meet the conditions of grant of patent lawto declare the patent has no legal effect. China’s legislation and practice in general, patent invalidation is defined as an administrative act, the invalidation of the program is positioned as administrative procedures. This positioning makes the patent invalid system to many problems in the judicial practice, such as frequent Litigation, seriously affect their own business of the Patent Reexamination Board; circulation litigation "of the cycle; the awkward position of the Patent Reexamination Board. Academic problems in practice against China’s patent is invalid, a variety of change programs, some scholars take the civil action way to lawsuits, gives the Court the right to change, so that the Patent Reexamination Board to rid itself of the defendant’s position that the patent is invalid,a fundamental solution to the problem of the "loop litigation. In theory this might a good program of change, but any system changes are required to measure changes in coordination with other systems and the socio-economic impact. This paper analyzes the current patent invalidation system, declare the function starting from the nature of the patent, the patent is invalid, and analysis of problems in the system of China’s patent is invalid, and to identify the root cause of these problems, which proposed the application of quasi-judicial proceedings "of the program to solve the existing problems in the system of patents are invalid. According to this idea, the paper is divided into the following five parts were discussed.The first chapter,"Introduction", introduces the thesis research background and significance; literature review; paper three aspects of the framework and research methods.The second chapter,"Our patent invalidation system". This chapter first describes our patent invalid declaration of the function of the system and the existing legal basis; Secondly, in accordance with the provisions of the China Patent Law ", declared the patent invalid procedures and procedural characteristics were analyzed. China’s patent is invalid in real terms in the procedural hearing for the three, is not conducive to protecting the legitimate...