On The Review Process Patent Is Invalid Suspension System From Abuse "piperazine Shu" Case

The case of dispute over the validity of the patent “PAI SHU” was accepted bythe Patent Re-examination Board of SIPO on December3,2002and was ended with aruling from the Supreme People’s Court on December23,2011that the patent “PAISHU” was wholly invalid. This case was of relative significance in the field ofmedicine. Why should the patent “PAI SHU” wait for nearly ten years for such ajudgment? Before coming up with an appropriate answer, we have to admit that theprocedure of a patent invalidation in China is rather time-consuming and that thesuspension system of such procedure is subject to abuse. Despite the two amendmentsof the Patent Examination Guide, which have made some rectification on theloopholes of the suspension system of the patent invalidation procedure, defects stillexist now. Once such defects are abused by any patent holder, an invalidationjudgment will have to drag a long way and consequently impair the public interests aswell as lawful rights and interests of competitors. In Chapter I of this thesis, the authorwill briefly describe the case details of the patent “PAI SHU” and analyze theapproach and process adopted by the holder of the patent “PAI SHU” to hold off thetrial by utilization of the suspension system; in Chapter I, the author will furtheranalyze the abuse of the suspension system from the perspective of law, including thelegal fundamentals for the invalidation judgment on the patent, legal significance ofthe suspension system, and manifestation, aim, essence, legal consequences, etc. ofthe suspension system abuse, all of which will pave the way for improvement of thesuspension system; and in Chapter III, the author’s focus will lie in the appropriatecountermeasures against the suspension system abuse. Generally speaking, the reasonwhy a patent holder abuses the suspension system to hold off the invalidationjudgment is to obtain monopolistic gains of a longer term. Therefore, to circumventthe abuse of the suspension system, we have to improve not only the system itself butalso other supporting legal systems, including the exercise of patent right during thesuspension period and the system of counter-claim against malicious litigation.Accordingly, the author will make some proposals.