On The Interests Of Confirmation For No-infringement Patent Suit

As we all know,in the traditional theory of the Civil- law system, the suits are divided into the fulfillment for suit, the confirmation for suit and the formation for suit. And the confirmation for suit has two types about the positive suit and the negative suit. Chinese law circles don’t have systematic studies about the suit of confirmation for a long time, often focus on suit of performance. But in recent years of judicial practice, patent infringement dispute areas seem to shows the extreme of the negative goodwill, which contributes to the relevant judicial interpretations. This judicial interpretation makes patent infringement lawsuit as v, but it is only a simple rule, if we can speak more clearly on ‘the interests of suit or confirmation’-hidden behind the civil suit theory elements, it will help the patent infringement litigation be more useful in judicial practice, and it will also help embody the advantages of negative confirmation suit which used by solving the patent infringement disputes.Full text has five parts, but the preface and the conclusion :The first part is a case introduced. This part is the introduction of this text’s question according to the case, if which is accord with the prosecution conditions for no-infringement patent suit. It includes the introduction of the case, the focus of dispute and court processing results.The second part is no-Infringement Patent confirmation Suit overview. This part respectively discusses the confirmation suit is the start of the no-Infringement Patent confirmation suit, the reality basis of no-Infringement Patent confirmation Suit, the legal nature and lawsuit prosecution conditions of no-Infringement Patent confirmation Suit. Orderly,this Part draws out the core of this paper’s demonstration- confirmation interest is core conditions with the case. The department is a stage for the full text.The third part is the confirmed interest is applied by in no-Infringement Patent confirmation Suit. This one is the core content of the text. Firstly, text introduces the importance for setting the confirmation interest in the prosecution conditions for no-infringement patent; Secondly, the text introduces the content of the confirmed interest; And then, the determine process about the interests of confirmation will involve all parties’ interests, which is accord with the legal attributes; Again, the potential legal interests and the substantive dispute are two aspects as strict validation standards; The last two chapters are ultimately confirmed interest in the process of trial use.The fourth part is the remarks on the case: review and judgment about the interests of confirmation. This part is from theory to case, which explains the procedural law background, the judgment standards of the interests of confirmation and the procedural order in the patent tort litigation legislation and trial process.The fifth part is extending from the case: the confirmation suit’s difficulties and opportunities on the confirmation interests’ perspective. This part is the last chapter, also the sublimation of this article. Although the confirmation suit has theoretical difficulties and practical obstacle, it has also good opportunity, which makes the confirmation suit has huge space for development.