Empirical Analysis Of Chinese Grounds For Patent Invalidation

Patent invalidation system balanced the rights between patentee and the public.The grounds for patent invalidation can be a starting point in invalidation system,the basis to claimant invalidation procedure, the content and scope of the PatentReexamination Board to review. To set the grounds for patent invalidation more orless, width or stringent will affect the stability of the patent, and related the balance ofLibra. The proper choose of the grounds for patent invalidation what requester madewould affect the decisions that the Patent Reexamination Board will do, and alsowould affect the judgment of the Court in litigation procedure. Whether it is to protectthe patent rights of oneself or invalid patent rights of others, the grounds forinvalidation are particularly important.The provisions of the grounds for invalidation in countries around the world donot consistent, such as the patent law of United States did not even clear the patentinvalidation system, so there are no grounds for patent invalidation in their patent law;the provisions of grounds for paten invalidation of the same country in differentperiods are not the same, such as patent law in China were amended three times,every amendment involved the adjustment of the terms of the grounds for patentinvalidation. Although the provisions of the grounds for patent invalidation existmany differences, the development trend of the grounds for patent invalidation willtoward the direction of substantial elements of patent, the development of the groundsfor patent invalidation more and more inclined to the requirements of patentability.Through the empirical analysis results of grounds for Patent invalidation show that alarge number of cases at issue focus on the patentability, which is precisely illustratethat the grounds for patent invalidation should be closely related to substantialelements of patent. The study on these controversial points found that there weredifferent understand of legal, technical, or a combination of both, the parties of thelawsuit cased these controversial points, more patents eventually be invalid because ofthe closest comparison document were found. The closest comparison document is undoubtedly the most powerful support of the grounds for invalidity.In the era of the patent explosion, brought a surge in the number of patents, italso brings a large number of defective patents. In addition to seek a balance betweenpatentee and the public in setting the grounds for patent invalidation more or less,width or stringent, we can also find a solution from the patent granting procedure toreduce the number of defective patent and avoid the patent be invalid. PatentProsecution Highway collaborative project and public participation in the patentreview system provides good channels to get comparison document. Both waysguaranteed to obtain more extensive comparative documents in the patentexamination process, thus greatly reducing the generation of defective patents, butboth the specific operation is not the same. Patent Prosecution Highway is acooperation program between the Patent Office, the results of the review and retrievalof resources were shared between the cooperation Patent Office; public participationin the patent review system need public higher sense of participation and the countryhas a high level of innovation.