The Introduction Of Specialized Companies Of Alternative Dispute Resolution In Patent Dispute

Nowadays, the industry of intellectual property is growing rapidly, especially in the part of patent. The protection of patent has been paying more and more attention, at the same time, the amount of applications for patens are increasing every day. However, faced the situation that companies and citizens are appealing a more impeccable way to solve patent disputes, the system of solving patent disputes displays a hysteresis quality. Compared to the developed counties, we have a relatively backward service in solving patent disputes, and all of these are unfavorable for the development of patent.This paper first give a introduction about ADR, and then analyses the realistic basis for the structure of a ADR service company to solve patent disputes in a specialized way in our country with all the available factors from the current situation of China’s legal services market.Secondly, this paper tries to set a sample with the Optical Valley, analyses the feasibility and maneuverability about the establishment of a ADR company for patent disputes solving in Optical Valley from legal level, policy level, legal services market level, power of government and civil level. Then the paper gives a profile about the ADR Company, trying to construct a relatively integrated ADR company from the legal status, operation mode, service type and so on.Finally, this paper analyses the deficiencies about China’s current legal system which could be as a basis when an ADR company supply services to solve patent disputes. And this paper also analyses the legal question about certification of the stuff in this kind of companies. Due to the analyses, this paper hold a opinion that we have abilities and conditions to construct ourselves ADR company to solve pant disputes now, and in order to help the ADR company play a great part to boost the development of patent, the legal system about civil mediation, arbitration should make some adjustments.