The Research Of China’s Patent Infringement Litigation And Patent Invalidity Judgment Mode

With the continuous social development, the core of competition is increasingly embodied in the controlling of high technologies, and draws more and more concerns on protecting of patent rights. Patent infringement litigation and patent invalidity declaratory, which are important parts of the patent system, are closely related. However, the patent system of China is established under separation of authority principles, which authorize the people’s courts in charge of patent infringement litigation and the patent reexamination board patent take charge of patent invalidity examination, respectively. The separation of authority often takes a long time stay of patent infringement litigation because of the patent invalid examination. It often results in patent rights without effective protection, and affects the efficiency and equity of patent enforcement. Currently, more and more patent disputes are caused by infringement litigation and patent invalidity declaratory under the current mode in China. Under the increasing demands about social fair and efficiency, various disadvantages of the current system have been discovered. The major problem lies in the improper relationship between patent infringement litigation and patent invalidity declaratory, lack of connection, and fair and efficiency during patent dispute solution.Litigation cycle is a long-standing problem in patent invalidity declaratory judgment litigation in China under our patent infringement litigation and patent invalidity declaratory mode. It not only leads to protracted patent cases, the waste of administrative and judicial resources; provides an opportunity for malicious delay of the case, but results in an unstable franchise that brings damage to the parties’rights and social interests. Effective solution of the litigation cycle problem in patent litigation can help to solve the dispute between the parties and avoid malicious delay, save administrative justice resource, and safeguard community interests. Therefore, it becomes critical to perfect the patent infringement litigation and patent invalidation system in China.This thesis started with the protracted patent infringement litigation caused by litigation cycle point, then the analysis of the authority separation of patent invalidity and suspension, and then elaborates the causes and results of litigation cycle with some cases.The second part stated that the natures of patents and patent validity disputes must be clarified, before solving the problems in the patent infringement litigation and patent invalidity declaratory system in China, as well as confirm. Patent rights has its special properties, which is one kind of private with a degree of public right. There are different theories about the nature of patent validity disputes, including civil disputes originated, administrative disputes originated, and the quasi-judicial model originated theories.The third part is about the current judgment systems in major western countries, including United States, Germany, Japan, and France. It discussed the judgment modes of invalidity declaratory by Federal Circuit in the United States, Federal Patent Court of Germany, Intellectual Property High Court of Japan, and civil procedures in France, which can provide references for the development of the judgment mode in our country.Part IV is the discussion on the development of judgment mode in China. It made some analysis of related reforms proposed by the Chinese scholars, such as the establishment of court of patent appeals and specialized patent court, and proposed the writer’s own suggestions.