Patent Invalid Litigation Research

The patent system as the booster of economic development encourages innovation and promotes technology development. During the rapid development of our country, the cases about patent infringement litigation are increasing. The patent infringement litigation is always related to the system of announcement of patent invalidation and the patent invalid litigation. The loop suits which are caused by the cross of civil and administrative procedure make the patenteeat an unfavorable position, and increase the pressure for our limited judicial resources. This article considering the establishment of the court of intellectual property attempts to put forward feasible proposal about patent legislation and judicial practice, on the basis of comparison and analysis other country’s patent invalid litigation and patent infringement suits.This paper includes three parts, which are introduction, text and conclusion. The text contains four parts as follows.The chapter one is an overview of patent invalid litigation of China. Firstly this paper introduces the concept of patent invalidation and the development of our country patent invalidation. Secondly states the invalid patent procedure of our country.The chapter two analyses the problems of patent invalidation of our country. The problems in the patent infringement litigation and the system of announcement of patent invalidation are the application of different law and trial mode and causing loop suits, which paves the stone for next chapters to find solutions.The chapter three researches patent invalidation of outside countries and regions, which focus on the patent legal system of Japan, America, Germany and Taiwan. Our country can learn from their good system design on the patent invalid litigation and the patent infringement litigation.The chapter four rethinks the nature of announcement procedure of patent invalidation, which author considering it is a quasi-judicial procedure. The author makes two assumptions. Firstly, I suggest Chinese Administrative procedure Law should bring in litigant lawsuit so the Patent Re-examination Board is not the defendant. Secondly, in the current circumstances, I provide some advice, including perfecting the system of intellectual property court, and allowing the court to review the patent effectiveness. Our patent law faces the fourth time amendment. The 46 th article of the revised draft sets the effective time of the patent invalidation decision, which keep in consistent with TRIPS, so the author support this revision. Besides, the author suggests the patent law also should revise the 47 th article.The conclusion sums up the main points of this paper.