Study On The Circulation Litigation Of Patent

The circulation litigation problem has been long-standing in our patentinvalidation litigation practice, seriously affects the protection and development ofintellectual property rights of China, and it is one of the urgent problems that we haveto face in the current. In recent years, with the rapid economic development and theincrease of people’s awareness of IPR protection, the patent applications and grantsare growing quickly, and the amounts of patent invalidation cases are also in thefast-growing state, therefore, the hazards of the circulation litigation is even moreobvious. In this article, the new leader patent invalidation case, has been lasted for tenyears, after the repeatedly review of the Patent Reexamination Board and the court’srepeatedly judgment, but the case still not been properly addressed. Ten years later,the patent is already near the end of it’s term of protection, not only serious affect theprotection to the legitimate rights and interests of the parties, and dealt a blow toenthusiasm of enterprises’ independent innovation. In this article, through in-deepstudy of the selected case, make a summarize to the harmful consequences of thecirculation litigation, and then, explore the causes of the phenomenon in-depth,propose the cracking method to circulation litigation at the end of the article. Basedon the above thinking, the paper is divided into four parts, and describes in detail onthese issues respectively.The first part, introduction to invalidation case of new leader’s patent. This partmain makes a brief introduce and reviewed on the merits development to the typicalcase of the new leader, and combination the comparison and analysis with othersimilar cases,then lead to the author’s thinking, obtain the theme of this article, it isthe problem of circulation litigation.The second part, the harmful consequences caused by the circulation litigation ofpatent. This part main analysis a series of harmful consequences caused by loopaction, mainly include, loop action violation the principle of effectiveness of theproceedings, it is prevalent that a litigation cycle usually lasted several years or eventen years in practice; not conducive to the manifestation of litigation justice, because“justice be delayed equal justice be deprived”; hinder the technological innovationand the development of our social; caused a serious waste of the country’sadministrative and judicial resources and so on. The third part, the causes of the patent circulation litigation. This partinvestigates the causes to patent loop action, include, the study to the nature of thiscase needs to be strengthened in theory, there are many drawbacks to sue the PRB,and there are many problems that needs addressing in practice, such as, many partiesfile a malicious lawsuit.The fourth part, the cracking method to the circulation litigation of patent. Thepart discusses the cracking method to the patent invalidation circulation litigation. Theauthor believed that, we should proceed from the nature of such cases, to place theinvalidation proceedings under the civil action areas, and then, reconstruction thestatus of the parties in the invalid lawsuits, change the past practice that sued the PRB;then, we should play a judicial activism for the specific circumstances in practice,determine the right that the court can declare the patent’s effectiveness in judgment;and the last, in order to solve a series of problems in the field of intellectual propertyin China, safeguard the legitimate rights and interests of the parties, our countryshould speed up the pace to establish intellectual property court, promotingspecialized in IPR trials.