Research On The Confirmation Of Non-infringement Of Patent

In our country, the patentee abuse happens, people the right to issue a warning letterto its competitors, is accused of infringement on others and threatened to prosecute, but over along period of years not to prosecute to the court, not only tothe power relative losses to market competition, adverse effects. In the era of knowledgeeconomy, to ensure that intellectual property rights can be successfully converted intocapital, promote the good operation of the knowledge economy, the strict regulation ofpatent abuse of power is represent the general trend. Patent confirming not tort action isthe earliest in our practice in the field of intellectual property the affirmation of notort sub v., has urged the patentee actively to use patent lawsuits, but both in theory andin practice there are many problems need to be clarified, its physical properties, partiesqualification, acceptance specific conditions, jurisdiction and trial and so on a series oftheoretical and practical aspects of not clear. This kind of case in the law also cannot find thecorresponding regulations, provisions of the conditions of admissibility andother problems remain at the level of the Supreme Court’s judicial interpretation. Thispaper from the study of patent confirming not tort theory, and analysis ofChina’s patent confirm the implementation of no tort,and targeted theextraterritorial system, based on the actual situation of our country, try to learn from foreignsystems and experiences, to improve Chinese patent confirming not tort system. This paper isdivided into four parts:The first chapter discusses the patent confirming not tort definition and properties, andthen introduces the development and the value of litigation system, finally analyses thepatent to confirm the relationship of non infringement and related litigation, highlightthe necessity of the introduction of confirming not tort litigation system in patent field.The second chapter carries on the inspection to confirm the status of China’s patent notort, focuses on the analysis of China’s patent confirmed the conditions foracceptance, not tort litigation jurisdiction and trial, at the same time put forwardChina’s patent the affirmation of no tort encountered in practice dilemma.The third chapter examines the foreign patent confirming not tort litigationsystem, and mainly discusses the Anglo German and patent in China Macao Taiwanarea to confirm the acceptance condition, no infringement of the jurisdiction of thecourt and the judicial system, and analyses its patent confirming not tort reference, in order to be able to me China Patent affirmation of no tort system has referencesignificance.The fourth chapter mainly aims at our country patent confirming not tortlitigation system to explore, research and combined with the second, three chapter, triesto confirm the conditions for acceptance, not patent tort under the jurisdiction of thecourt and the judicial system, put forward the improvement suggestions.