Research And Patent Infringement Litigation Coordination Mechanisms Patent Invalid

With development of Chinese economic and social progress, there are more and more intellectual property cases. The efficient handling of intellectual property disputes is the urgent wish of the parties, but also the legal workers bounden duty. In patent infringement litigation, the accused infringer often request the Patent Reexamination Board declaring the patent invalid, it is necessary to go another program beyond the patent infringement proceeding, patent invalidation procedure. How to coordinate the two programs directly related to the efficiency of the processing of the case, it is worthy of serious study.This article investigates the coordination of the infringement proceeding and patent invalidation procedure from the relationship between two programs. Learning from the judicial practice in the United States and Japan, combined with our situation, we explore suitable for China to resolve intellectual property disputes. The article is divided into introduction, body and conclusion. The body consists of three chapters.The first chapter describes the basic patent invalidation, consists of four parts. The first section describes Chinese patent invalidation proceedings, the second section describes the characteristics of the program, the third part of the drawbacks of the program, and the fourth section describes patent invalidation procedures of several intellectual property countries.The second chapter describes the patent invalid defense system mainly from the United States and Japan. Explore the transplanted entry point to China. Because the judicial system and other reasons, it is still unable to practice of the adoption of the United States to give the court a final confirmation of patent validity, but China can learn from the Japanese system as a transitional measure in determine the ownership of the patent rights.The third chapter describes some suggestions, such as patent nullity defense, existing technology and suspend infringement proceedings, coordinate of the infringement proceeding and patent invalidation procedure. We should uniform criteria for determining the ownership of the patent rights and patent infringement litigation, establish the Intellectual Property High Court uniform appeal hearing the cases of determining the ownership of the patent rights and patent infringement litigation. The results of the two procedures are unified.